Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 131.
PRACTICE AND PROCEDURE
Subchapter A. BYLAWS AND DEFINITIONS
22 TAC §131.17
The Texas Board of Professional Engineers proposes an amendment
to §131.17, relating to National Council. The proposed amendment modifies
the existing rule to allow the board flexibility in determining membership
with the National Council of Examiners of Engineering and Surveying (NCEES)
and to not require mandatory membership. Since NCEES has discretion over its
membership, the board may not always be allowed to be a member of the NCEES
and thus violating the existing rule. Therefore, the board proposes to amend
the existing rule to allow for continued participation with NCEES while not
making this a mandatory requirement.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the amended section is in effect, there
will be no anticipated fiscal implications for state or local government as
a result of enforcing or administering the section as the board is expected
to retain membership with NCEES. Mr. Lusk has also determined that for each
year of the first five years the section is in effect, the public benefit
anticipated as a result of enforcing and administering the amended section
will be that the board will be able to offer required examinations in the
event of the NCEES membership and examinations are not available and will
allow persons who are interested in becoming licensed as a professional engineer
in Texas an alternative examination applicable to the licensure process. Finally,
Mr. Lusk has determined that, for the first five years the section is in effect,
there is no anticipated adverse economic effect on small or micro-businesses,
or anticipated economic cost to persons who are required to comply with the
section as proposed.
Comments may be submitted, no later than March 4, 2003, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, which authorizes the board
to make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state; and pursuant to the Texas Engineering Practice Act, Tex. Rev. Civ.
Stat. Ann. art. 3271a, §12 of the Act, which delegates to the board the
authority to evaluate applications and sets forth general licensure requirements;
and §14 of the Act, which sets forth requirements concerning examinations
to be administered by the board to applicants for licensure as a professional
engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
amendment:
§131.17- Tex. Rev. Civ. Stat. Ann. art. 3271a, §§8, 12,
and 14
§131.17.National Council.
The board
may
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 3, 2003.
TRD-200300822
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 440-7723
22 TAC §§131.101, 131.103 - 131.106, 131.108
The Texas Board of Professional Engineers proposes amendments
to §§131.101, 131.103-131.106, and §131.108, relating to Examinations.
The proposed amendments modify the existing rule to allow the board flexibility
to consider other examination sources and reorganizes some of this information
in a more logical, readable, and grammatically correct fashion. Specifically,
the proposed amendments will allow the Board the flexibility to consider the
National Council of Examiners for Engineering and Surveying (NCEES) or alternative
examination sources to provide the examination on the fundamentals of engineering
and the examination on the principles and practices of engineering required
by statute. These amendments allow the Board to pursue other examinations
sources if the NCEES examinations are not available.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the amended sections are in effect, there
will be no anticipated fiscal implications for state or local government as
a result of enforcing or administering the sections. Mr. Lusk has also determined
that for each year of the first five years the sections are in effect, the
public benefit anticipated as a result of enforcing and administering the
amended sections will be that the board will be able to offer required examinations
in the event of the NCEES examinations are not available and the board's rules
will be better organized and will allow persons who are interested in becoming
licensed as a professional engineer in Texas and the general public to more
easily access and better understand the board's examination requirements applicable
to the licensure process. Finally, Mr. Lusk has determined that, for the first
five years the sections are in effect, there is no anticipated adverse economic
effect on small or micro-businesses, or anticipated economic cost to persons
who are required to comply with the sections as proposed.
Comments may be submitted, no later than March 4, 2003, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendments are proposed pursuant to the Texas Engineering
Practice Act, Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, which authorizes
the board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Tex. Rev.
Civ. Stat. Ann. art. 3271a, §12 of the Act, which delegates to the board
the authority to evaluate applications and sets forth general licensure requirements;
and §14 of the Act, which sets forth requirements concerning examinations
to be administered by the board to applicants for licensure as a professional
engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
amendments:
§§131.101 ,131.103-106, 131.108- Tex. Rev. Civ. Stat. Ann. art.
3271a, §§8, 12, and 14
§131.101.Engineering Examinations Required for a License to Practice as a Professional Engineer.
(a)
Applicants are required to take two written experience
and knowledge examinations, furnished and graded by the National Council of
Examiners for Engineering and Surveying
or by the board
, [
(b)
All examinations shall be in the English language.
(c)
Experience and knowledge examinations
may
[
(d)
The board shall adopt an examination schedule at least
once a year, which shall include at least the following information:
(1)
the places where the examinations shall be held;
(2)
the dates of the examinations and the deadline date for
an examinee to schedule an examination;
(3)
fees for each examination; and
(4)
types of examinations offered.
(e)
Examinations may be scheduled by obtaining the necessary
form from the board office and timely submission to the board with the appropriate
fee.
(f)
Individuals who plan to take an examination must have their
completed examination scheduling form and the appropriate fee in the board
office by the close of regular business on the date established by the applicable
examination schedule adopted by the board.
(g)
Applicants providing an official verification from an NCEES
member board certifying that they have passed [
(h)
Examination fees shall not be refunded, but may be applicable
to future examination administrations if an examinee
makes
[
(i)
Upon successful passage of the examinations, or being granted
a waiver of one or both examinations pursuant to §131.105 of this title
(relating to Waiver of Examinations), an applicant shall be considered to
have met the examination requirements for licensure as a professional engineer.
§131.103. Examination on the Fundamentals of Engineering [
(a)
An undergraduate student who is within two full-time regular
semesters (not including summer sessions) of graduating and who is enrolled
in an engineering program accredited or approved by the Engineering Accreditation
Commission of the Accreditation Board for Engineering and Technology, United
States (EAC/ABET), a four year baccalaureate technical program accredited
or approved by the Technology Accreditation Commission of the Accreditation
Board for Engineering and Technology, United States (TAC/ABET), or an engineering-related
science program of four years or more that has been approved by the board,
may take the [
(b)
A graduate student may take the [
(1)
a baccalaureate degree that is EAC/ABET-accredited;
(2)
an engineering or engineering-related science program degree
that has been approved by the board; or
(3)
a non-engineering related curriculum or other degree in
which the student has provided evidence acceptable to the executive director
as meeting the minimum requirements of §12(a)(1) or (2) of the Act.
(c)
Engineering students may schedule the [
(d)
Persons who demonstrate that they meet the educational
requirements for a license and who have not passed the [
(e)
Persons who do not meet the criteria of subsection (a)
of this section, but who need only to complete the [
§131.104. Examination on the Principles and Practice of Engineering [
(a)
The [
(b)
Applicants approved to take the [
(1)
be advised of the first examination date for which they
are eligible;
(2)
schedule to test in an area of competency as demonstrated
by their experience and education;
(3)
be solely responsible for timely scheduling for the examination
and any payment of examination fees; and
(4)
have no more than four consecutive examination opportunities,
including the examination given on the date of the first available examination,
to pass the examination. No extensions shall be granted under any circumstances.
(A)
Once an applicant has scheduled for an examination that
is offered once per year, the consecutive opportunities shall be counted as
one annually as long as the applicant does not schedule to sit for an examination
that is offered twice per year.
(B)
Once an applicant has scheduled for an examination that
is offered twice per year, either for the first time or after scheduling for
an examination that is offered once per year, the remaining consecutive opportunities
shall be counted as two annually from that examination forward until the four
consecutive opportunities expire.
(c)
Applications for applicants who do not pass the examination
within the allotted time shall be denied.
(d)
After an application has been denied due to an applicant's
not passing the examination, an applicant may immediately apply for a license
under the law and rules in place when submitting the new application, and
shall submit all applicable documentation and fees associated with the application.
(e)
The [
§131.105.Waiver of Examinations.
(a)
Examinations are considered an integral part of the licensing
process; all applicants are expected to have passed the examinations or to
offer sufficient evidence of their qualifications in the absence of passage
of the examinations. The board may waive one or both of the [
(1)
do not pose a threat to the public health, safety, or welfare;
(2)
request a waiver in writing at the time the application
is filed; and
(3)
meet one of the following requirements:
(A)
persons who have 12 or more years of creditable engineering
experience, as evaluated by the board under §131.81 of this title (relating
to Experience Evaluation), and meet the educational requirements of §12(a)(1)
of the Act; or
(B)
persons who have 16 years of creditable engineering experience,
as evaluated by the board under §131.81 of this title (relating to Experience
Evaluation), and meet the educational requirements of §12(a)(2) of the
Act; or
(C)
persons who have a Ph.D. degree in engineering from a college
or university having an undergraduate or master's degree program in a related
branch of engineering that is accredited or approved by the Engineering Accreditation
Commission of the Accreditation Board for Engineering and Technology, United
States (EAC/ABET), and who began teaching engineering prior to September 1,
2001, and have:
(i)
taught in an EAC/ABET-accredited or -approved program for
at least four years, or have at least four years of experience consisting
of a combination of EAC/ABET teaching experience and other creditable engineering
experience, as evaluated by the board under §131.81 of this title (relating
to Experience Evaluation), to request waiver of the [
(ii)
taught in an EAC/ABET-accredited or -approved program
for at least six years, or have at least six years of experience consisting
of a combination of EAC/ABET teaching experience and other creditable engineering
experience, as evaluated by the board under §131.81 of this title (relating
to Experience Evaluation), to request waiver of both the [
(D)
persons who have a Ph.D. degree in engineering not qualifying
under Paragraph C of this section or other related field of science or mathematics
that is individually assessed and approved by the board during the evaluation
process, and who began teaching engineering prior to September 1, 2001, and
have taught in an EAC/ABET-accredited or -approved program for at least eight
years, or have at least eight years of experience consisting of a combination
of EAC/ABET teaching experience and other creditable engineering experience,
as evaluated by the board under §131.81 of this title (relating to Experience
Evaluation), to request waiver of either or both the [
(b)
An applicant is not eligible to request a waiver of the
[
(c)
Applicants requesting a waiver from any examination(s)
shall file any additional information needed to substantiate the eligibility
for the waiver with the application, as provided in [
§131.106.Examination for Record Purposes.
An applicant for licensure may, upon written request to the board,
take an examination for record purposes only. An applicant may only take the
[
§131.108.Examination Irregularities.
(a)
The examinations will be administered in accordance with
the National Council of Examiners for Engineering and Surveying (NCEES)
or the board
policies and procedures. An examinee who does not abide
by the NCEES
or the board
policies and procedures will be subject
to dismissal from the remainder of the examination. Cheating on examinations
will not be tolerated. Examination proctors who observe that an examinee is
giving assistance to or receiving assistance from another person, compromising
the integrity of the examination, or participating in any other form of cheating
during an examination shall require the examinee to surrender all examination
materials. The examinee involved shall leave the room and shall not be permitted
to return. Evidence of cheating found after the examination shall also be
a cause for action. The executive director shall be informed of such instances
of suspected cheating at the earliest possible opportunity and will determine
appropriate action. When the executive director has determined that cheating
occurred during an examination, the examination results of the persons who
are determined to have cheated shall be invalidated.
(b)
If the executive director determines that an examinee has
knowingly violated NCEES
or the board
policies and procedures or
cheated, the examinee will be barred from taking any examination in Texas
for a period of two years. Any application for licensure pending or approved
for examination will be automatically proposed for rejection and will be evaluated
or re-evaluated on that basis. Any examination taken and passed in another
state during the two-year period will not be acceptable for licensure purposes
in Texas. Any subsequent examinations administered to the examinee will be
given at the site and time determined by the executive director.
(c)
A licensed professional engineer suspected of cheating
may be charged with violating §22 of the Act and applicable board rules.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 3, 2003.
TRD-200300823
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 440-7723
22 TAC §131.107
The Texas Board of Professional Engineers proposes new §131.107,
relating to Examination Analysis. The proposed new section was previously
proposed and withdrawn and now describes the circumstances in which the board
will provide a written analysis of an examination and describes certain limitations
on an examinee's ability to request such an analysis, to view the examination
results, or to request a regrading of the examination. These provisions in
the new section as proposed are not new; they are a restatement, with some
modification for clarity, of the same provisions that are currently found
in the previously repealed §131.103. In addition, this new section modifies
the previous rule to allow the board flexibility to provide examination analysis
from other examination sources if the National Council of Examiners for Engineering
and Surveying (NCEES) examinations are not available.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the proposed new section is in effect,
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section. Mr. Lusk has also determined that
for each year of the first five years the proposed new section is in effect,
the public benefit anticipated as a result of enforcing and administering
the new section will be that the board will be able to offer required examinations
in the event of the NCEES examinations are not available and the board's rules
will be better organized. This will allow persons who are interested in becoming
licensed as a professional engineer in Texas and the general public to more
easily access and better understand the board's examination requirements applicable
to the licensure process. Finally, Mr. Lusk has determined that, for the first
five years the proposed new section is in effect, there is no anticipated
adverse economic effect on small or micro-businesses, or anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments may be submitted, no later than March 4, 2003 to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The new section is proposed pursuant to the Texas Engineering
Practice Act (Act), Tex. Rev. Civ. Stat. Ann. art. 3271a, §8, which authorizes
the board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state; §12 of the Act, which delegates to the board the authority
to evaluate applications and sets forth general licensure requirements; and §14
of the Act, which sets forth requirements concerning examinations to be administered
by the board to applicants for licensure as a professional engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
new section:
§131.107 - Tex. Rev. Civ. Stat. Ann. art. 3271a, §§8, 12,
and 14
§131.107.Examination Analysis.
(a)
In accordance with §14(c) of the Act, the board will
provide a written analysis furnished by the National Council of Examiners
for Engineering and Surveying (NCEES) or by the board to anyone who has failed
either the examination on the fundamentals of engineering or the examination
on the principles and practice of engineering.
(b)
Once the board has provided a written analysis of an examination,
no further review or re-grading shall be available for the examination except
as provided in subsection (c) of this section. However, the executive director
may, at his or her discretion, review the administrative portions of an examination
answer sheet to resolve administrative uncertainties and/or determine the
manner in which an examination should be scored.
(c)
An examinee may view the examination on the principles
and practice of engineering results or request regrading of such examination
only as permitted by the uniform examination procedures set out by NCEES or
by the board:
(1)
only at the date(s) and time(s) specified by the board
in its letter notifying the examinee of his or her failure of the examination;
and
(2)
provided that any costs associated with regrading by NCEES
or by the board will be paid by the examinee.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 3, 2003.
TRD-200300824
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 440-7723
Chapter 681.
PROFESSIONAL COUNSELORS
The Texas State Board of Examiners of Professional Counselors proposes
the repeal of §§681.1 - 681.19, 681.26, 681.32 - 681.43, 681.51
- 681.52, 681.61 - 681.64, 681.81 - 681.83, 681.91 - 681.96, 681.111 - 681.114,
681.121 - 681.128, 681.161 - 681.163, 681.171 - 681.179, 681.191 - 681.200,
681.211 - 681.220, 681.251 - 681.256 and new §§681.1 - 681.16, 681.31,
681.41 - 681.52, 681.71 - 681.73, 681.81 - 681.83, 681.91 - 681.93, 681.101
- 681.104, 681.111 - 681.113, 681.121 - 681.127, 681.141 - 681.147, 681.161
- 681.170, 681.181 - 681.184, 681.201 - 681.204, concerning the licensing
and regulation of professional counselors.
Government Code, §2001.039 requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Sections 681.1
- 681.19, 681.26, 681.32 - 681.43; 681.51 - 681.52, 681.61 - 681.64, 681.81
- 681.83, 681.91 - 681.96, 681.111 - 681.114, 681.121 - 681.128, 681.161 -
681.163, 681.171 - 681.179, 681.191 - 681.200, 681.211 - 681.220, 681.251
- 681.256 have been reviewed and the board has determined that the reasons
for adopting the sections continue to exist in that rules concerning the licensing
and regulation of professional counselors are still needed; however, the rules
will be repealed and proposed as new rules as described in this preamble.
The proposed repeals and new sections are the result of the comprehensive
rule review undertaken by the board and the board's staff.
In general, each section was reviewed and proposed for repeal and readoption
in order to ensure appropriate subchapter, section, and paragraph organization;
to ensure clarity; to improve spelling, grammar, and punctuation; to ensure
that the rules reflect current legal and policy considerations; to ensure
accuracy of legal citations; to eliminate unnecessary catch-titles; to eliminate
the repetitive use of long titles for terms that have been assigned short
titles by definition; to delete repetitive, obsolete, unenforceable, or unnecessary
language; to improve draftsmanship; and to make the rules more accessible,
understandable, and usable.
The following changes are proposed relating to the repeal and readoption
of Subchapter A (relating to The Board.) Regarding §681.2(8), the definition
of "client" is edited to delete unnecessary references to the unlicensed practice
of counseling.
Regarding §681.2(9) the definition of "counseling-related field" is
proposed as necessary in order to provide guidance and specific examples to
the public and to stakeholders as to the meaning of the term.
Regarding §681.9(b), the rule is edited to require the chairperson
to appoint committee chairs.
Regarding §681.9(d), the rule is edited to require committee chairpersons
to preside at all committee meetings.
Regarding §681.10(b), the rule is edited to delete the reference to
the board designating a custodian of board records other than the Executive
Director.
Regarding §681.10(d), the rule is edited to clarify the direct and
indirect responsibilities of the Executive Director with respect to complaint
investigations.
Regarding §681.10(f), the rule is edited to clarify that application
denials shall be considered by the appropriate committee of the board.
The rule relating to the Executive Director serving as administrator of
licensure examinations is deleted to reflect current operating practice.
Regarding §681.13(a), the rule is edited for clarity and to prohibit
discrimination based on genetic information.
The section relating to applicants with disabilities is moved to Subchapter
G (relating to Licensure Examinations), since the information is more appropriately
presented within that subchapter.
The section relating to the license certificate is moved to Subchapter
H (relating to Licensing), since the information is more appropriately presented
within that subchapter.
The section relating to a registry of licensees is proposed for deletion
as obsolete, since the registry is readily available on the Internet and is
no longer published by the board in a traditional format.
Regarding proposed §681.14, information relating to the circumstances
under which the renewal penalty fee must be paid is deleted, since it appears
in Subchapter I (relating to Renewal of License).
New §681.14(b) is proposed to assess a $10 fee for license verifications.
The following changes are proposed relating to the repeal and readoption
of Subchapter B (relating to Authorized Counseling Methods and Practices.)
Regarding §681.31, the rule is edited to require licensee competence
in the counseling methods and practices they utilize.
Regarding §681.31(1), educational and career development and adjustment
are included as components of individual counseling.
Regarding §681.31(4), social development and adjustment are included
as a component of family counseling.
Regarding §681.31(14), the rule is edited to acknowledge that the
list of expressive therapies is not inclusive.
Regarding §681.31(16), the rule is edited to ensure that assessing
and appraising be performed in compliance with §681.43 of this title
(relating to Testing).
The rule relating to licensees who may use the title of "art therapist"
is moved to §681.49, since the information is more appropriately presented
within that section.
The following changes are proposed relating to the repeal and readoption
of Subchapter C (relating to Code of Ethics.) Regarding §681.41(a)-(c),
the rules are edited to clarify that statements or claims may not be false
and to clarify that the examples given are not inclusive. The rule relating
to a licensee to whom a school district refers a student for counseling is
deleted as unnecessary.
Regarding §681.41(o), the rule is edited to require that licensees
maintain accurate records of client intake assessments and treatment plans.
Regarding §681.41(q), the rule is proposed to clarify the circumstances
under which the rules relating to creating and maintaining client records
do not apply.
Regarding §681.41(w), the rule is clarified to prohibit a licensee
from participating in the falsification of applications for licensure.
Regarding §681.41(x), the rule is proposed to add to this section
the requirement of licensee compliance with Texas Health and Safety Code,
Chapter 611, concerning the release of mental health records.
Regarding §681.41(y), the rule is proposed to ensure that clients
may have access to mental health records after a licensee's death, incapacity,
or termination of practice.
The rule regarding a licensee who has been issued a public letter of reprimand
or assessed a civil penalty by a court has been moved to Subchapter K (relating
to Complaints and Violations), since the rule is more appropriately presented
within that subchapter.
Regarding §681.42(h), the rule is edited to delete specific examples
of sexual contact, referencing instead the specific examples set out in the
Texas Penal Code.
Regarding §681.43(e), the rule is proposed to prohibit the use of
standardized projective techniques and to set out specific examples of prohibited
techniques.
Regarding §681.45, the new section is proposed to incorporate licensee
reporting requirements, since the rules that relate to confidentiality exceptions
are of similar subject matter and are more accessible when presented together
with the rules relating to confidentiality.
Regarding §681.47(b), the rule is edited to reference descriptions
of the terms "false, deceptive, or misleading."
Regarding §681.49(d), the rule is edited to clarify that the highest
academic degree that may be used in advertising is a degree in counseling
or a counseling-related field, unless the degree subject is specified.
Regarding §681.52, the section relating to licensed professional counselor
interns is proposed to incorporate language in Subchapter C (relating to Code
of Ethics) that was previously located in Subchapter F (relating to Experience
Requirements), since the rules are more appropriately presented within this
subchapter.
The following changes are proposed relating to the repeal and readoption
of Subchapter D (relating to Application Procedures.) Regarding §681.72(a)(6),
the rule is edited to delete the requirement that the application form must
be notarized.
Regarding §681.72(c)(8), the rule is edited to delete the reference
to a supervisor's reservations about an applicant.
Regarding §681.72(d), the rule is edited to delete the requirement
that the supervisory agreement form must be notarized and to clarify that
approval for new supervision or new settings must be obtained prior to the
beginning of the new supervision or new setting.
Rules relating to provisional licensing are moved to Subchapter H (relating
to Licensing), since the rules are more appropriately presented within that
subchapter.
Regarding §681.73, the new section is proposed to provide for a section
designated to this topic and to bring together rules relating to the application
process for art therapy specialty designation that previously appeared in
an unrelated section and an unrelated subchapter.
The following changes are proposed relating to the repeal and readoption
of Subchapter E (relating to Academic Requirements for Examination and Licensure.)
The rule referencing provisions relating to persons who held a temporary license
on September 1, 1996 is deleted as obsolete.
The following changes are proposed relating to the repeal and readoption
of Subchapter F (relating to Experience Requirements for Examination and Licensure.)
Regarding §681.91(a)(4), the rule is edited to clarify that a temporary
license may only be issued to an applicant who has not completed the supervised
experience (internship).
Regarding the rule concerning provisions relating to application for a
second temporary license, the rule is deleted as ambiguous and unnecessary.
Regarding §681.91(e)-(f), the rule is edited to provide that a temporary
license is valid for 36 months, instead of 30 months.
Regarding §681.91(h), the rule is proposed to clarify that applicants
who have completed the supervised experience at the time of application, but
have not successfully completed the licensure examination, are not eligible
for a temporary license.
Regarding §681.92, the section is edited to delete references to a
2,000 clock-hour supervised experience (internship). Such references are obsolete.
The rule relating to applicants who began accumulating supervised experience
hours prior to October 2, 1996 is deleted as obsolete.
The rules relating to prohibitions on certain actions and practice situations
by licensed professional counselor interns have been moved to Subchapter C
(relating to Code of Ethics), since the rules are more appropriately presented
within that subchapter.
Regarding §681.92(k), the rule is proposed to clarify that licensed
professional counselor interns must comply with the requirements of Subchapter
C (relating to Code of Ethics.)
Regarding §681.93, the section is edited to require that only a professional
counselor licensed by the board shall be approved to supervise licensed professional
counselor interns for all supervisory agreements executed on or after September
1, 2003.
Regarding §681.93(c)(1), the rule is edited to require that professional
counselor supervisors must submit a supervisor approval application form,
a $50 supervisor approval processing fee, and must renew the approved supervisor
status annually by submission of a renewal supervisor approval application
and a $50 supervisor approval processing fee.
The rules providing that a person who was awarded a doctoral degree in
professional counseling or who provided three years of clinical supervision
in professional counseling through a university prior to January 1, 1995,
may be approved as a supervisor on those bases alone are deleted as not reflecting
current policy considerations.
Regarding §681.93(g), the rule is edited to clarify that an approved
supervisor who becomes subject to a board disciplinary order is no longer
approved to supervise licensed professional counselor interns.
The following changes are proposed relating to the repeal and readoption
of Subchapter G (relating to Licensure Examinations.) Regarding §681.101(d),
the rule relating to examination fee payment is proposed to reflect current
operating policy.
Regarding §681.101(g), the rule is proposed to set out requirements
for applicants seeking disability accommodations for the examination. The
information previously appeared in an unrelated subchapter.
Regarding §681.103(d), the rule is edited to clarify that it is the
responsibility of the applicant to determine the weakest portion of the examination
based on the applicant's analysis of the score reports provided by the board.
The rule is also edited to clarify that the remedial course work must be in
counseling or counseling-related courses.
The section relating to failure to take examinations is deleted as unnecessary.
The following changes are proposed relating to the repeal and readoption
of Subchapter H (relating to Licensing.) §681.111(h) is proposed to clarify
the type of degree that may appear on a license certificate.
Regarding §681.112, the section is edited to delete references to
the term "endorsement" and replace with "provisional licensing," since the
latter term is consistent with the language of the Act.
Regarding §681.113, the section is revised to move rules relating
to procedures for the surrender of a license when a complaint is pending to §681.168,
since the rules are more appropriately presented within that section.
Rules relating to application for art therapy specialty designation are
moved to Subchapter D (relating to Application Procedures), since the information
is more appropriately presented within that subchapter.
The following changes are proposed relating to the repeal and readoption
of Subchapter I (relating to Regular License Renewal; Inactive and Retirement
Status.) The rule providing that the board shall deny the renewal of the license
of a licensee who is in violation of the Act or the rules at the time of renewal
application is deleted as not reflecting current legal considerations.
Regarding §681.121(e), the rule is edited to clarify that a person
who holds an expired license may practice professional counseling if exempted
by the Act.
The rule providing that the board shall deny the renewal of the license
of a licensee if the licensee is a party to a formal disciplinary action is
deleted as not reflecting current legal considerations.
Regarding §681.125(a), the rule is edited to clarify that inactive
status may be granted to a person whose license has been expired for less
than one year.
Regarding §681.125(c), the rule is edited to clarify that a person
who holds an inactive license may practice professional counseling if exempted
by the Act.
The rule relating to the earning of continuing education credit is deleted
as unnecessary.
Regarding §681.126(b), the rule is edited to clarify that a person
who holds a retired license may practice professional counseling if exempted
by the Act.
Regarding §681.127(a), language relating to an exception regarding
inactive status has been deleted as unnecessary.
The section relating to suspension of a license for failure to pay child
support is moved to Subchapter K (relating to Complaints and Violations),
since the section is more appropriately presented within that subchapter.
Subchapter J (relating to Criteria for Determining Fitness of Applicants
for Examination and Licensure) is deleted as unnecessary and unenforceable.
Qualifications for examination and licensure are established in the Licensed
Professional Counselor Act and in Subchapter D, E, and F of the board's rules.
New Subchapter J (relating to Continuing Education Requirements) is proposed.
Continuing education rules previously set out in Subchapter K are proposed
for repeal.
Regarding §681.141(c), the rule is edited to clarify that three hours
of continuing education in counselor ethics issues must be completed every
other year.
Regarding §681.141(d), the rule is proposed to require a licensee
to complete a minimum of one hour of continuing education every other year
relating to disaster response and preparedness, effective January 1, 2004.
Regarding §681.142(b), the rule is edited to delete language citing
examples of graduate level programs.
Regarding §681.43(a), the rule is edited to clarify that only licensees
may submit requests for approval for continuing education programs they wish
to attend.
The rule regarding sponsor-initiated continuing education program approval
requests is deleted as not necessary.
The rule relating to requirements for documentation that continuing education
providers must make available to attendees is moved to §681.144(e), since
the rule is more appropriately presented within that section.
Regarding §681.144(a), the rule is edited to require that continuing
education providers must submit a continuing education provider application
form, a $50 continuing education provider processing fee, and must renew the
approved continuing education provider status annually by submission of a
renewal continuing education provider application and a $50 continuing education
provider processing fee.
Regarding §681.144(f), the rule is edited to clarify that the failure
of a provider to comply with the board's continuing education provider requirements
is a violation of board rules and may result in termination of approval status.
Regarding §681.147(3), the rule is edited to clarify that a meeting
or activity not related to the practice of professional counseling which is
required as part of one's job is not an acceptable continuing education activity.
New Subchapter K (relating to Complaints and Violations) is proposed. Complaints
and violations rules previously set out in Subchapter L are proposed for repeal.
Regarding §681.161(e), the rule is edited to delete the requirement
that a licensee response to an alleged violation must be notarized.
Regarding §681.161(f), the rule is proposed to authorize the executive
director to dismiss complaints that are non-jurisdictional or would not constitute
a law or rule violation and to require the executive director to notify the
appropriate parties of the dismissal.
The rule relating to resolving a complaint by informal methods or informal
agreements is deleted as unnecessary.
Regarding §681.161(j), the rule is edited to accurately reflect the
applicable language of the Act.
The rule relating to the schedule for conducting each phase of a complaint
is deleted as unnecessary, since the schedule provisions are mandatory under
the Act.
Regarding §681.162, references to the board providing written notice
by personal delivery are deleted as not reflecting current operating procedure.
Regarding §681.162(e), the rule is edited to delete the requirement
that a notice of hearing must utilize 10-point, bold-face type, since the
language does not reflect current operating policy.
Regarding §681.163, the rule is edited to clarify that the board may
sue to enjoin a violation of the Act or the rules.
Regarding §681.164(b) and (e), the rules are edited to clarify that
the section applies to situations in which a criminal conviction is the basis
for disciplinary action or for the denial of a licensure application.
Regarding §681.164(d), the rule is edited to clarify that the felonies
and misdemeanors directly relate to the duties and responsibilities of a licensee.
The section relating to Violations by Non-Licensed Persons is deleted as
unnecessary, since those provisions are set out in the Act.
Regarding §681.165(d)(2) and §681.165(d)(7)(A), the rules are
edited to accurately reflect the language of the Act regarding temporary license
suspension.
Regarding §681.165(d)(8) the rule is edited to clarify that the time
periods for holding a hearing shall be tolled during the period of time in
which the licensee makes discovery requests.
Regarding §681.166(a), the rule is edited to clarify the reason that
an informal conference may be held.
Regarding §681.166(b), the rule is edited to clarify that the decision
to hold an informal conference shall be within the discretion of the executive
director or a member of the complaints committee.
Regarding §681.166(d), the rule is edited to clarify that notice of
an informal conference must be mailed 10 working days prior to the date of
the conference, rather than 15 working days. The rule requiring that the 10
days begins on the date of mailing is deleted as unnecessary.
Regarding §681.166(e), the rule is edited to delete the reference
to a representative from the Office of the Attorney General being present
at an informal conference.
Regarding §681.166(f), the rule is edited to delete the requirements
that notice of an informal conference be sent by certified mail to the complainant
and that complainants be notified of conference cancellations, as the rules
do not reflect current policy considerations.
Regarding §681.166(g), the rule is edited to clarify that one member
of the complaints committee shall be present at an informal conference.
Regarding §681.166(i), the rule is edited to clarify who may question
witnesses, present evidence, and make relevant statements at an informal conference.
Regarding §681.166(j), the rule is edited to delete the reference
to a representative from the Office of the Attorney General being present
at an informal conference.
Regarding §681.166(s), the rule is edited to provide for complaints
committee review of the recommendations arising from an informal conference.
Regarding §681.166(v), the rule is edited to delete the requirement
that the complainant be informed if the proposed agreed order is not accepted
by the board.
Regarding §681.166(w), the rule is edited to clarify that an order
becomes effective until it is approved by the board and signed by the board
chair. The reference to the Administrative Procedure Act is deleted as unnecessary.
Regarding §681.166(x)(1) and (2), the rules are deleted as unnecessary.
Regarding §681.166(y), the rule is proposed to provide that a request
for informal conference may be withdrawn if a licensee fails to appear at
the conference and fails to provide notice of the licensee's inability to
appear.
Regarding §681.167(a) and (c), the rules are edited to clarify that
a default order relating to application denial may be entered if a right to
a hearing is waived.
Regarding §681.169, the section is added to set out procedures relating
to the suspension of a license for failure to pay child support or for failure
to comply with the terms of a court order relating to the possession of or
access to a child. The section was previously located in Subchapter I (relating
to Regular License Renewal; Inactive and Retired Status). Language relating
to failure to comply with the terms of a court order relating to the possession
of or access to a child is proposed in accordance with the requirements of
Senate Bill 700 (77th Legislature, 2001) which was codified in Texas Family
Code, Chapter 232 (relating to Suspension of License).
Regarding §681.170(c), the rule is edited to require the executive
director to provide monitoring reports to the complaints committee.
Regarding §681.170(d), the rule is edited to clarify the circumstances
under which the complaints committee may consider more severe disciplinary
action.
New Subchapter L (relating to Formal Hearings) is proposed. Formal hearings
rules previously set out in Subchapter M (relating to Formal Hearings) are
proposed for repeal.
Regarding §681.182(1), the definition is amended to clarify that an
administrative law judge conducts hearings under the subchapter.
Regarding §681.182(5), the definition of "pleading" is deleted as
unnecessary.
The rule relating to the complaints committee making a determination as
to whether a hearing shall be held before an administrative law judge or before
the board is deleted as not reflecting current legal and statutory considerations.
The sections relating to Notice, Parties to the Hearing, Subpoenas, Depositions,
Pre-Hearing Conferences, and Hearing Procedure are deleted as unnecessary,
as hearing procedures are established in the Administrative Procedure Act.
The rule regarding pleading after close is deleted as unnecessary.
New Subchapter M (Schedule of Sanctions) is proposed. Schedule of sanctions
rules previously set out in Subchapter N are proposed for repeal.
Regarding §681.203(5), the rule is edited to clarify that reprimands
may be issued for violations involving inadvertent or relatively minor misconduct
and/or rule violations.
The section relating to State Office of Administrative Hearings is deleted
as not reflecting current policy and legal considerations.
The section relating to Probation is deleted as unnecessary.
Additionally, the review resulted in minor editorial changes throughout
the rules which are necessary to improve or correct punctuation, verb tense,
subject and verb agreement, sentence structure, non-substantive word choice,
and other grammatical and structural matters.
The board published a Notice of Intention to Review the sections in the
Bobbe Alexander, Executive Director, has determined that for each year
of the first five years the repeal and new sections are in effect, there will
be fiscal implication to state government as a result of enforcing or administering
the sections as proposed. The proposals to assess processing fees for license
verifications, continuing education provider approvals, and professional counselor
supervisor approvals are estimated to generate additional revenues of $167,550
each year of the first five years for state government. There are currently
1,168 approved continuing education providers who are anticipated to pay the
proposed $50 processing fee for an estimated $58,400 in additional revenue.
There are currently 2,047 approved professional counselor supervisors who
are anticipated to pay the proposed $50 processing fee for an estimated $102,350
in additional revenue. The board staff is currently processing approximately
1,420 license verification requests annually; since the information is also
available on the board's web site at no cost, it is estimated that the number
of requestors anticipated to pay the $10 processing fee will decrease by half
of the current number for an estimated $6,800 in additional revenue. The new
processing fees will offset current costs associated with these ongoing activities.
There will be no effect on local government.
Ms. Alexander has also determined that for each year of the first five
years the repeal and new sections are in effect, the public benefit anticipated
as a result of enforcing the sections will be to assure that the regulation
of professional counselors continues to identify competent providers, resulting
in the protection and promotion of the public health and welfare. There will
be an effect on micro-businesses and small businesses, if such businesses
are engaged in the practice of providing continuing education courses for
professional counselors, the practice of providing supervision for professional
counselor interns, or if they request professional counselor license verifications.
For those micro-businesses and small businesses engaged in the practice of
providing continuing education courses for professional counselors, the cost
will be $50 per year, regardless of the number of employees, the dollar amount
of sales, or the number of hours of labor. For those micro-businesses and
small businesses engaged in the practice of providing approved supervision
for professional counselor interns, the cost will be $50 annually for each
employee who becomes an approved supervisor. For those micro-businesses and
small businesses that request professional counselor license verifications,
the cost will be $10 per verification. This cost would be optional, since
the board has made license verification information available on its web site
at no cost to the user. For those micro-businesses and small businesses who
choose not to access the information at no cost, the cost will vary depending
upon the number of verifications requested, and is not related to the number
of employees, the dollar amount of sales, or the number of hours of labor.
There are no additional economic costs to other persons who are required to
comply with the sections as proposed. There is no anticipated impact on local
employment.
Comments on the proposal may be submitted to Bobbe Alexander, Executive
Director, Texas State Board of Examiners of Professional Counselors, 1100
West 49th Street, Austin, Texas 78756, (512) 834-6658, fax (512) 834-6789.
Comments will be accepted for 30 days following the date of publication of
this proposal in the
Texas Register
.
Subchapter A. THE BOARD
22 TAC §§681.1 - 681.19
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.1.Purpose and Scope.
§681.2.Definitions.
§681.3.Meetings.
§681.4.Transaction of Official Business.
§681.5.Agendas.
§681.6.Minutes.
§681.7.Elections.
§681.8.Officers.
§681.9.Committees.
§681.10.Executive Director.
§681.11.Reimbursement for Expenses.
§681.12.Official Records of the Board.
§681.13.Impartiality and Nondiscrimination.
§681.14.Applicants with Disabilities.
§681.15.License Certificate.
§681.16.Registry.
§681.17.Fees.
§681.18.Processing Procedures.
§681.19.Petition for the Adoption of a Rule.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 30, 2003.
TRD-200300732
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.1- 681.16
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.1.General.
The purpose of this chapter is to implement the provisions of Texas
Occupations Code, Chapter 503 (the Licensed Professional Counselor Act), concerning
the licensing and regulation of professional counselors.
§681.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Accredited universities - Universities as reported by the
American Association of Collegiate Registrars and Admission Officers.
(2)
Act - The Licensed Professional Counselor Act, Texas Occupations
Code, Chapter 503.
(3)
APA - The Administrative Procedure Act, Texas Government
Code, Chapter 2001.
(4)
Art therapy - The practice of professional counseling through
services that use art media to promote perceptive, intuitive, affective, and
expressive experiences that alleviate distress and emotional, behavioral,
or social impairment.
(5)
Art therapy intern - An LPC or an LPC intern holding a
temporary license with an art therapy specialty designation.
(6)
Authorized representative - An individual authorized to
act on behalf of a licensee as evidenced by a written power of attorney; or
the licensee's spouse.
(7)
Board - The Texas State Board of Examiners of Professional
Counselors.
(8)
Client - A person who requests and receives counseling
services from a licensee.
(9)
Counseling-related field - A mental health discipline utilizing
human development, psychotherapeutic, and mental health principles including,
but not limited to, psychology, psychiatry, social work, marriage and family
therapy, and guidance and counseling.
(10)
Department-The Texas Department of Health.
(11)
Health care professional - A licensee or any other person
licensed, certified, or registered by the state in a health related profession.
(12)
License - A regular license, regular license with art
therapy specialty designation, provisional license, or temporary license issued
by the board.
(13)
Licensee - A person who holds a regular license, regular
license with art therapy specialty designation, provisional license, or temporary
license.
(14)
LPC intern - A person who holds a temporary license to
practice counseling.
(15)
Recognized religious practitioner - A rabbi, clergyman,
or person of similar status who is a member in good standing of and accountable
to a denomination, church, sect or religious organization legally recognized
under the Internal Revenue Code, §501(c)(3) and other individuals participating
with them in pastoral counseling if:
(A)
the counseling activities are within the scope of the performance
of their regular or specialized ministerial duties and are performed under
the auspices of sponsorship of the legally recognized denomination, church,
sect, religious organization or an integrated auxiliary of a church as defined
in Federal Tax Regulations, 26 Code of Federal Regulations, §1.6033-2(g)(5)(I)
(1982);
(B)
the individual providing the service remains accountable
to the established authority of that denomination, church, sect, religious
organization or integrated auxiliary; and
(C)
the person does not use the title of or hold himself or
herself out as a professional counselor.
(16)
Supervisor - A person approved by the board as meeting
the requirements set out in §681.93 of this title (relating to Supervisor
Requirements), to supervise an LPC intern.
§681.3.Meetings.
(a)
The board shall hold at least two regular meetings and
additional meetings as necessary during each fiscal year.
(b)
The chairperson may call meetings after consultation with
board members or by a majority of members so voting at a regular meeting.
(c)
Meetings shall be announced and conducted under the provisions
of the Texas Open Meetings Act, Texas Government Code, Chapter 551.
§681.4.Transaction of Official Business.
(a)
The board may transact official business only when in a
legally constituted meeting with a quorum present. A quorum of the board necessary
to conduct official business is five members.
(b)
The board shall not be bound in any way by any statement
or action on the part of any board or staff member except when a statement
or action is pursuant to specific instructions of the board.
(c)
Robert's Rules of Order Revised shall be the basis of parliamentary
decisions except as otherwise provided in this chapter.
§681.5.Agendas.
(a)
The executive director shall be responsible for preparing
and submitting an agenda to each member of the board prior to each meeting
which includes items requested by members, items required by law, and other
matters of board business which have been approved for discussion by the chairperson.
(b)
The official agenda of a meeting shall be filed with the
Texas Secretary of State as required by law.
§681.6.Minutes.
(a)
The minutes of a board meeting are official only when affixed
with the original signatures of the chairperson and the executive director.
(b)
Drafts of the minutes of each meeting shall be forwarded
to each member of the board for review and comments or corrections prior to
approval by the board.
(c)
The official minutes of the board meetings shall be kept
in the office of the executive director and shall be available to any person
desiring to examine them.
§681.7.Elections.
(a)
At the meeting held nearest to August 31 of each year,
the board shall elect a vice-chairperson.
(b)
A vacancy which occurs in the office of vice-chairperson
may be filled at any regular meeting as required.
§681.8.Officers.
(a)
The chairperson shall preside at all meetings at which
he or she is in attendance and perform all duties prescribed by law or this
chapter.
(b)
The chairperson is authorized by the board to make day-to-day
minor decisions regarding board activities in order to facilitate the responsiveness
and effectiveness of the board.
(c)
The vice-chairperson shall perform the duties of the chairperson
in case of the absence or disability of the chairperson.
(d)
In case the office of the chairperson becomes vacant, the
vice-chairperson shall serve until a successor is appointed.
§681.9.Committees.
(a)
The board or the chairperson may establish committees deemed
necessary to carry out board responsibilities.
(b)
The chairperson shall appoint members of the board to serve
on committees and shall designate a chairperson for each committee.
(c)
The chairperson may appoint non-board members to serve
as committee members on a consultant or voluntary basis subject to board approval.
(d)
Committee chairpersons shall preside at all committee meetings
and shall make regular reports to the board.
(e)
Committees may direct all reports or other materials to
the executive director for distribution.
(f)
Committees shall meet when called by the committee chairperson
or when so directed by the board.
(g)
Each committee shall consist of least one public member
and one professional member, unless the board authorizes otherwise.
§681.10.Executive Director.
(a)
The executive director of the board shall be an employee
of the department appointed by the Commissioner of Health, with the advice
and consent of the board.
(b)
The executive director shall keep the minutes of the meetings
and proceedings of the board and shall be the custodian of the files and records
of the board.
(c)
The executive director shall exercise general supervision
over persons employed in the administration of the Act. The executive director
may delegate responsibilities to other staff members when appropriate.
(d)
The executive director shall be responsible for the initiation
of complaint investigations and for the presentation of formal complaints.
(e)
The executive director shall be responsible for all correspondence
for the board and obtain, assemble, or prepare reports and information that
the board may direct, or as authorized or required by the department or other
agency with appropriate statutory authority.
(f)
The executive director shall be responsible for assembling
and evaluating materials submitted by an applicant for licensure. Determinations
made by the executive director that propose denial of licensure are subject
to the approval of the appropriate committee of the board which shall make
the decision on the eligibility of the applicant.
§681.11.Reimbursement for Expenses.
(a)
A board member is entitled to per diem and transportation
expenses as provided by the General Appropriations Act.
(b)
Payment to members of per diem and transportation expenses
shall be on official state vouchers which have been approved by the executive
director.
§681.12.Official Records of the Board.
(a)
Records in the possession of the board are public information
and may be reviewed by inspection, duplication, or both, unless the records
are excepted from public disclosure in accordance with the Public Information
Act, Texas Government Code, Chapter 552.
(b)
When any person's request would be unreasonably disruptive
to the ongoing business of the office or when the safety of any record is
at issue, physical access by inspection may be denied and the requester will
be provided the option of receiving duplicate copies at the requester's cost.
(c)
Applicable costs of duplication shall be paid by the requester
at the time of or before the duplicated records are sent or given to the requester.
The charge for copies shall be the same as set by the department for copies.
(d)
The rules of procedure for inspection and duplication of
public records contained in the Public Information Act, Texas Government Code,
Chapter 552, shall apply to requests received by the board.
§681.13.Impartiality and Non-discrimination.
(a)
The board shall make decisions in the discharge of its
statutory authority without regard to any person's race, religion, color,
sex, disability, national origin, or genetic information.
(b)
Any board member who is unable to be impartial in the determination
of an applicant's eligibility for licensure or in a disciplinary action against
a licensee shall so declare this to the board and shall not participate in
any board proceedings involving that applicant or licensee.
(c)
Applicants seeking accommodations under the Americans with
Disabilities Act shall inform the board of any special accommodations needed
in advance and in writing.
§681.14.Licensing Fees.
(a)
Licensing fees are as follows:
(1)
application and license - $90;
(2)
examination fee - $110;
(3)
temporary license extension fee - $30;
(4)
annual license renewal fee-$50;
(5)
late renewal penalty fee:
(A)
1 to 90 days after expiration-$55; and
(B)
91 to 365 days after expiration-$110;
(6)
annual inactive status fee - $25;
(7)
license certificate or renewal card duplication or replacement
fee - $10;
(8)
returned check fee - $25; and
(9)
art therapy specialty designation application fee - $30
(in addition to any necessary application fees listed in paragraphs (1) -
(9) of this subsection).
(b)
The board may assess a $10 processing fee for a license
verification.
(c)
Fees paid to the board are not refundable except in accordance
with §681.15 of this title (relating to Processing Procedures).
(d)
Remittances submitted to the board in payment of a required
fee may be in the form of a personal check, cashier's check, or money order.
§681.15.Processing Procedures.
(a)
Time periods. The board shall comply with the following
procedures in processing applications for a license and renewal of a regular
license.
(1)
The following periods of time shall apply from the date
of receipt of an application until the date of issuance of a written notice
that the application is complete and accepted for filing, temporary license,
or notice that the application is deficient and additional specific information
is required. The time periods are as follows:
(A)
issuance of temporary license-20 working days; or
(B)
letter of application deficiency - 20 working days.
(2)
The following periods of time shall apply from the receipt
of the last item necessary to complete the application until the date of issuance
of written notice approving or denying the application. The time periods for
denial end on the day notice of the proposed decision is mailed to the applicant.
The time periods are as follows:
(A)
letter of approval for examination - 20 working days;
(B)
initial letter of approval for a license - 180 working
days; and
(C)
letter of denial of a license - 180 working days.
(3)
The period of time from the receipt of the application
for renewal of a regular license until the renewal card is issued or written
notice is given that the application is deficient and additional specific
information is required shall be 20 working days. The regular license renewal
may be issued in lieu of the notice of acceptance. The period of time from
the receipt of the last item necessary to complete the application for renewal
until issuance of the renewed license or notification of denial of renewal
shall be 20 working days.
(b)
Reimbursement of licensing fees.
(1)
In the event an application is not processed in the time
periods stated in subsection (a) of this section, the applicant has the right
to request reimbursement of all fees paid in that particular application process.
Application for reimbursement shall be made to the executive director. If
the executive director does not agree that the time period has been violated
or finds that good cause existed for exceeding the time period, the request
will be denied.
(2)
Good cause for exceeding the time period is considered
to exist if the number of applications for a license or license renewal exceeds
by 15% or more the number of applications processed in the same calendar quarter
the preceding year; another public or private entity relied upon by the board
in the application process caused the delay; or any other condition exists
giving the board good cause for exceeding the time period.
(c)
Appeal. If a request for reimbursement under subsection
(b) of this section is denied by the executive director, the applicant may
appeal to the chairperson of the board for a timely resolution of any dispute
arising from a violation of the time periods. The applicant shall give written
notice to the chairperson at the address of the board that he or she requests
full reimbursement of all fees paid because his or her application was not
processed within the applicable time period. The executive director shall
submit a written report of the facts related to the processing of the application
and of any good cause for exceeding the applicable time period. The chairperson
shall provide written notice of the chair's decision to the applicant and
the executive director. An appeal shall be decided in the applicant's favor
if the applicable time period was exceeded and good cause was not established.
If the appeal is decided in favor of the applicant, full reimbursement of
all fees paid in that particular application process shall be made.
(d)
Contested cases. The time periods for contested cases related
to the denial of a license or a license renewal are not included within the
time periods stated in subsection (a) of this section. The time period for
conducting a contested case hearing runs from the date the board office mails
notice of the proposed denial and ends when the decision of the board is final
and appealable. A hearing may be completed within six months, but may extend
for a longer period of time depending on the particular circumstances of the
hearing.
§681.16.Petition for the Adoption of a Rule.
(a)
Any person may petition the board to adopt a rule.
(b)
The petition shall be in writing; shall state the petitioner's
name, address, and phone number; and shall contain the following:
(1)
a brief explanation of and justification for the proposed
rule;
(2)
the text of the proposed rule prepared in a manner to indicate
the words to be added or deleted from the current text, if any;
(3)
a statement of the statutory or other authority under which
the rule is to be promulgated; and
(4)
the public benefit anticipated as a result of adopting
the rule or the anticipated injury or inequity which could result from the
failure to adopt the proposed rule.
(c)
The petition shall be filed with the board office.
(d)
The board office may determine the petition does not contain
the information described in subsection (a) of this section and shall return
the petition to the petitioner.
(e)
Except as otherwise provided in subsection (i) of this
section, the executive director shall submit a completed petition to the board
for consideration.
(f)
Within 60 days after receipt of the petition, the board
shall deny the petition or institute rule-making procedures in accordance
with the Administrative Procedure Act (Texas Government Code, Chapter 2001).
The board may deny parts of the petition or institute rule-making procedures
on parts of the petition.
(g)
If the board denies the petition, the board shall give
the petitioner written notice of the board's denial, including the board's
reasons for the denial.
(h)
If the board initiates rule-making procedures, the version
of the rule which the board proposes may differ from the version proposed
by the petitioner.
(i)
All initial petitions for the adoption of a rule shall
be presented to and decided by the board in accordance with the provisions
of this section. The board may refuse to consider a subsequent petition for
the adoption of the same or similar rule submitted within six months after
the date of an initial petition.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300733
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §681.26
(Editor's note: The text of the following section proposed
for repeal will not be published. The section may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeal is proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeal affects Texas Occupations Code, Chapter 503.
§681.26.Counseling Methods and Practices.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300734
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §681.31
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.31.Counseling Methods and Practices.
The use of specific methods, techniques, or modalities within the practice
of professional counseling is limited to professional counselors appropriately
trained and competent in the use of such methods, techniques or modalities.
Authorized counseling methods techniques and modalities may include, but are
not restricted to, the following:
(1)
individual counseling which utilizes interpersonal, cognitive,
cognitive-behavioral, behavioral, psychodynamic, and affective methods and
strategies to achieve mental, emotional, physical, social, moral, educational,
career, and spiritual development and adjustment through the life span;
(2)
group counseling which utilizes interpersonal, cognitive,
cognitive-behavioral, behavioral, psychodynamic, and affective methods and
strategies to achieve mental, emotional, physical, social, moral, educational,
spiritual, and career development and adjustment through the life span;
(3)
marriage counseling which utilizes interpersonal, cognitive,
cognitive-behavioral, behavioral, psychodynamic, affective and family systems
methods and strategies to achieve resolution of problems associated with cohabitation
and interdependence of adults living as couples;
(4)
family counseling which utilizes interpersonal, cognitive,
cognitive-behavioral, behavioral, psychodynamic, affective and family systems
methods and strategies with families to achieve mental, emotional, physical,
moral, social, educational, spiritual, and career development and adjustment
through the life span;
(5)
chemical dependency counseling which utilizes interpersonal,
cognitive, cognitive-behavioral, behavioral, psychodynamic, affective methods
and strategies, and 12-step methods to achieve abstinence from the addictive
substances and behaviors by the client;
(6)
rehabilitation counseling which utilizes interpersonal,
cognitive, cognitive-behavioral, behavioral, psychodynamic, and affective
methods and strategies to achieve adjustment to a disabling condition and
to reintegrate the individual into the mainstream of society;
(7)
education counseling which utilizes formal and informal
counseling methods and assessments and appraisal instruments for the purpose
of determining strength, weakness, mental condition, emotional stability,
intellectual ability, interest, skill, aptitude, achievement, and other personal
characteristics of individuals for the selection of and placement in educational
settings, preschool through postdoctoral study;
(8)
career development counseling which utilizes formal and
informal counseling methods and appraisal instruments for the purpose of determining
intellectual ability, interest, skill, aptitude, achievement, mental condition,
emotional fitness, and other personal characteristics for occupational, vocational,
and career selection and placement throughout the life span;
(9)
sexual issues counseling which utilizes interpersonal,
cognitive, cognitive-behavioral, behavioral, psychodynamic, and affective
methods and strategies in the resolution of sexual disorders;
(10)
referral counseling which utilizes the processes of evaluating
and identifying needs of clients to determine the advisability of referral
to other specialists, informing the client of such judgment and communicating
as requested or deemed appropriate to such referral sources;
(11)
psychotherapy which utilizes interpersonal, cognitive,
cognitive-behavioral, behavioral, psychodynamic, and affective methods and
strategies to assist clients in their efforts to recover from mental or emotional
illness;
(12)
play therapy which utilizes play and play media as the
child's natural medium of self-expression, and verbal tracking of the child's
play behaviors as a part of the therapist's role in helping children overcome
their social, emotional, and mental problems;
(13)
hypnotherapy which utilizes the principles of hypnosis
and post-hypnotic suggestion in the treatment of mental and emotional disorders
and addictions;
(14)
expressive therapies which utilize therapeutic modalities
in the treatment of interpersonal, emotional or mental health issues, chemical
dependency, or human developmental issues, including, but not limited to,
music therapy, art therapy, dance or movement therapy, hippotherapy, or the
use of other techniques employing animals in providing therapy as described
previously;
(15)
biofeedback which utilizes electronic equipment to monitor
and provide feedback regarding an individual's physiological responses. The
counselor who uses biofeedback must be able to prove academic preparation
and supervision in the use of the equipment as a part of the counselor's academic
program or the substantial equivalent provided through approved continuing
education;
(16)
assessing and appraising, in compliance with §681.43
of this title (relating to Testing), which utilizes formal and informal instruments
and procedures, for which the counselor has received appropriate training
and supervision, in individual and group settings for the purposes of determining
the client's strengths and weaknesses, mental condition, emotional stability,
intellectual ability, interests, aptitudes, achievement level and other personal
characteristics for a better understanding of human behavior, and for diagnosing
mental problems; but does not permit the diagnosis of a physical condition
or disorder; and
(17)
consulting which utilizes the application of specific
principles and procedures in counseling to provide assistance in understanding
and solving current or potential problems that the consultee may have in relation
to a third party, whether individuals, groups, or organizations.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300735
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.32 - 681.43
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.32.General Ethical Requirements.
§681.33.Sexual Misconduct.
§681.34.Testing.
§681.35.Drug and Alcohol Use.
§681.36.Confidentiality.
§681.37.Licensees and the Board.
§681.38.Assumed Names.
§681.39.Consumer Information.
§681.40.Advertising and Announcements.
§681.41.Research and Publications.
§681.42.Finding of Non-Fitness for Licensure Subsequent to Issuance of License.
§681.43.Required Reporting.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300736
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.41 - 681.52
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.41.General Ethical Requirements.
(a)
A licensee shall not make any false, misleading, deceptive,
fraudulent or exaggerated claim or statement about the licensee's services,
including, but not limited to:
(1)
the effectiveness of services;
(2)
the licensee's qualifications, capabilities, background,
training, experience, education, professional affiliations, fees, products,
or publications; or
(3)
the practice or field of counseling.
(b)
A licensee shall not make any false, misleading, deceptive,
fraudulent or exaggerated claim or statement about the services of a mental
health services organization or agency, including, but not limited to, the
effectiveness of services, qualifications, or products.
(c)
A licensee shall discourage a client from holding exaggerated
or false ideas about the licensee's professional services, including, but
not limited to, the effectiveness of the services, practice, qualifications,
associations, or activities. If a licensee learns of exaggerated or false
ideas held by a client or other person, the licensee shall take immediate
and reasonable action to correct the ideas held.
(d)
A licensee shall make reasonable efforts to prevent others
whom the licensee does not control, from making misrepresentations; exaggerated
or false claims; or false, deceptive, or fraudulent statements about the licensee's
practice, services, qualifications, associations, or activities. If a licensee
learns of a misrepresentation; exaggerated or false claim; or false, deceptive,
or fraudulent statement made by another, the licensee shall take immediate
and reasonable action to correct the statement.
(e)
A licensee shall inform an individual in writing before
or at the time of the individual's initial professional counseling session
with the licensee of the following:
(1)
fees and arrangements for payment;
(2)
counseling purposes, goals, and techniques;
(3)
any restrictions placed on the license by the board;
(4)
the limits on confidentiality;
(5)
any intent of the licensee to use another individual to
provide counseling treatment intervention to the client; and
(6)
supervision of the licensee by another licensed health
care professional including the name and qualifications of the supervisor.
(f)
A licensee shall inform the client in writing of any changes
to the items in subsection (e) of this section prior to initiating the change.
(g)
A licensee shall provide counseling treatment intervention
only in the context of a professional relationship. Telepractice (interactive
long distance counseling delivery, where the client resides in one location
and the counselor in another) may be used as part of the therapeutic counseling
process. Counselors engaging in telepractice must adhere to each provision
of this chapter.
(h)
A licensee shall not intentionally or knowingly offer to
pay or agree to accept any remuneration directly or indirectly, overtly or
covertly, in cash or in kind, to or from any person, firm, association of
persons, partnership, corporation, or entity for securing or soliciting clients
or patronage for or from any health care professional.
(1)
In accordance with the provisions of the Act, §503.401(4),
a licensee is subject to disciplinary action if the licensee directly or indirectly
offers to pay or agrees to accept remuneration to or from any person for securing
or soliciting a client or patronage.
(2)
A licensee employed or under contract with a chemical dependency
facility or a mental health facility shall comply with the requirements in
the Texas Health and Safety Code, §164.006 relating to soliciting and
contracting with certain referral sources. Compliance with the Treatment Facilities
Marketing Practices Act, Texas Health and Safety Code, Chapter 164, shall
not be considered as a violation of state law relating to illegal remuneration.
(i)
A licensee shall not engage in activities for the licensee's
personal gain at the expense of a client.
(j)
A licensee shall not promote the licensee's personal or
business activities to a client unless the licensee informs the client of
the licensee's personal or business interest in the activity.
(k)
A licensee shall set and maintain professional boundaries.
Dual relationships with clients are prohibited. A dual relationship is considered
any non-counseling activity initiated by either the licensee or client for
the purpose of establishing a non-therapeutic relationship.
(1)
The licensee shall not provide counseling services to previous
or current:
(A)
family members;
(B)
personal friends;
(C)
educational associates; or
(D)
business associates.
(2)
The licensee shall not give or accept a gift from a client
or a relative of a client valued at more than fifty dollars, enter into barter
for services, or borrow or lend money or items of value to clients or relatives
of clients.
(3)
The licensee shall not enter into a non-professional relationship
with a client's family member or any person having a personal or professional
relationship with a client.
(l)
The licensee shall not knowingly offer or provide counseling
treatment intervention to an individual concurrently receiving counseling
treatment intervention from another mental health services provider except
with that provider's knowledge. If a licensee learns of such concurrent therapy,
the licensee shall take immediate and reasonable action to inform the other
mental health services provider.
(m)
A licensee may reasonable action to inform medical or law
enforcement personnel if the professional determines that there is a probability
of imminent physical injury by the client to the client or others or there
is a probability of immediate mental or emotional injury to the client.
(n)
In individual and group counseling settings, the licensee
shall take reasonable precautions to protect individuals from physical or
emotional harm resulting from interaction within a group or from individual
counseling.
(o)
For each client, a licensee shall keep accurate records
of the dates of counseling treatment intervention, types of counseling treatment
intervention, progress or case notes, intake assessment, treatment plan, and
billing information.
(p)
Records held by a licensee shall be kept for seven years
for adult clients and seven years beyond the age of 18 for minor clients.
(q)
Records created by licensees during the scope of their
employment by educational institutions; by federal, state, or local governmental
agencies; or their political subdivisions or programs are not required to
comply with subsections (p) and (q) of this section.
(r)
A licensee shall bill clients or third parties for only
those services actually rendered or as agreed to by mutual understanding at
the beginning of services or as later modified by mutual written agreement.
(1)
Relationships between a licensee and any other person used
by the licensee to provide services to a client shall be so reflected on billing
documents.
(2)
On the written request of a client, a client's guardian,
or a client's parent (sole managing, joint managing or possessory conservator)
if the client is a minor, a licensee shall provide, in plain language, a written
explanation of the types of treatment and charges for counseling treatment
intervention previously made on a bill or statement for the client. This requirement
applies even if the charges are to be paid by a third party.
(3)
A licensee may not knowingly or flagrantly overcharge a
client.
(4)
A licensee may not submit to a client or a third payor
a bill for counseling treatment intervention that the licensee knows was not
provided or knows was improper, unreasonable, or medically or clinically unnecessary,
with the exception of an unkept appointment.
(s)
A licensee shall terminate a professional counseling relationship
when it is reasonably clear that the client is not benefiting from the relationship.
When professional counseling is still indicated, the licensee shall take reasonable
steps to facilitate the transfer to an appropriate referral or source.
(t)
A licensee shall not evaluate any individual's mental,
emotional, or behavioral condition unless the licensee has personally interviewed
the individual or the licensee discloses with the evaluation that the licensee
has not personally interviewed the individual.
(u)
A licensee may not persistently or flagrantly over treat
a client.
(v)
A licensee shall not aid and abet the unlicensed practice
of professional counseling by a person required to be licensed under the Act.
(w)
A licensee or an applicant for licensure shall not participate
in any way in the falsification of applications for licensure.
(x)
A licensee shall comply with the requirements of Texas
Health and Safety Code, Chapter 611, concerning the release of mental health
records.
(y)
A licensee shall establish a plan for the custody and control
of the licensee's client mental health records in the event of the licensee's
death or incapacity, or the termination of the licensee' s counseling practice.
A licensee shall inform each client of the plan.
§681.42.Sexual Misconduct.
(a)
For the purpose of this section the following terms shall
have the following meanings.
(1)
Mental health services means assessment, diagnosis, treatment,
or counseling in a professional relationship to assist an individual or group
in:
(A)
alleviating mental or emotional illness, symptoms, conditions,
or disorders, including alcohol or drug addiction;
(B)
understanding conscious or subconscious motivations;
(C)
resolving emotional, attitudinal, or relationship conflicts;
or
(D)
modifying feelings, attitudes, or behaviors that interfere
with effective emotional, social, or intellectual functioning.
(2)
Mental health services provider means a licensee or any
other licensed or unlicensed individual who performs or purports to perform
professional counseling or mental health services, including a licensed social
worker, a chemical dependency counselor, a licensed marriage and family therapist,
a physician, a psychologist, or a member of the clergy.
(3)
Sexual contact means:
(A)
deviate sexual intercourse as defined by the Texas Penal
Code, §21.01;
(B)
sexual contact as defined by the Texas Penal Code, §21.01;
(C)
sexual intercourse as defined by the Texas Penal Code, §21.01;
or
(D)
requests by a licensee for conduct described by subparagraph
(A), (B), or (C) of this paragraph.
(4)
Sexual exploitation means a pattern, practice, or scheme
of conduct, which may include sexual contact, that can reasonably be construed
as being for the purposes of sexual arousal or gratification or sexual abuse
of any person. The term does not include obtaining information about a client's
sexual history within standard accepted practice while treating a sexual or
marital dysfunction.
(5)
Therapeutic deception means a representation by a licensee
that sexual contact with, or sexual exploitation by, the licensee is consistent
with, or a part of, a client's or former client's counseling.
(b)
A licensee shall not engage in sexual contact with a person
who is:
(1)
a client or former client;
(2)
an LPC intern supervised by the licensee; or
(3)
a student at an educational institution at which the licensee
provides professional or educational services.
(c)
A licensee shall not engage in sexual exploitation of a
person who is:
(1)
a client or former client;
(2)
an LPC intern supervised by the licensee; or
(3)
a student at an educational institution at which the licensee
provides professional or educational services.
(d)
A licensee shall not practice therapeutic deception of
a person who is a client or former client.
(e)
It is a defense to a disciplinary action under subsections
(b) - (d) of this section if the person was no longer emotionally dependent
on the licensee when the sexual exploitation began, the sexual contact occurred,
or the therapeutic deception occurred, and the licensee terminated counseling
with the person more than two years before the date the sexual exploitation
began, the sexual contact occurred or the therapeutic deception occurred.
(f)
It is not a defense under subsections (b) - (d) of this
section if the sexual contact, sexual exploitation, or therapeutic deception
with the person occurred:
(1)
with the consent of the client;
(2)
outside the professional counseling sessions of the client;
or
(3)
off the premises regularly used by the licensee for the
professional counseling sessions of the client.
(g)
The following may constitute sexual exploitation if done
for the purpose of sexual arousal or gratification or sexual abuse of any
person:
(1)
sexual harassment, sexual solicitation, physical advances,
or verbal or nonverbal conduct that is sexual in nature, and:
(A)
is offensive or creates a hostile environment, and the
licensee knows or is told this; or
(B)
is sufficiently severe or intense to be abusive to a reasonable
person in the context;
(2)
any behavior, gestures, or expressions which may reasonably
be interpreted as inappropriately seductive or sexual;
(3)
inappropriate sexual comments about or to a person, including
making sexual comments about a person's body;
(4)
making sexually demeaning comments about an individual's
sexual orientation;
(5)
making comments about potential sexual performance except
when the comment is pertinent to the issue of sexual function or dysfunction
in counseling;
(6)
requesting details of sexual history or sexual likes and
dislikes when not necessary for counseling of the individual;
(7)
initiating conversation regarding the sexual problems,
preferences, or fantasies of the licensee;
(8)
kissing or fondling;
(9)
making a request to date;
(10)
any other deliberate or repeated comments, gestures, or
physical acts not constituting sexual intimacies but of a sexual nature;
(11)
any bodily exposure of genitals, anus or breasts;
(12)
encouraging another to masturbate in the presence of the
licensee; or
(13)
masturbation by the licensee when another is present.
(h)
Examples of sexual contact are those activities and behaviors
described in the Texas Penal Code, §21.01.
(i)
A licensee shall report sexual misconduct as follows.
(1)
If a licensee has reasonable cause to suspect that a client
has been the victim of sexual exploitation, sexual contact, or therapeutic
deception by another licensee or a mental health services provider, or if
a client alleges sexual exploitation, sexual contact, or therapeutic deception
by another licensee or a mental health services provider, the licensee shall
report the alleged conduct not later than the 30th day after the date the
licensee became aware of the conduct or the allegations to:
(A)
the prosecuting attorney in the county in which the alleged
sexual exploitation, sexual contact or therapeutic deception occurred; and
(B)
the board if the conduct involves a licensee and any other
state licensing agency which licenses the mental health services provider.
(2)
Before making a report under this subsection, the reporter
shall inform the alleged victim of the reporter's duty to report and shall
determine if the alleged victim wants to remain anonymous.
(3)
A report under this subsection need contain only the information
needed to:
(A)
identify the reporter;
(B)
identify the alleged victim, unless the alleged victim
has requested anonymity;
(C)
express suspicion that sexual exploitation, sexual contact,
or therapeutic deception occurred; and
(D)
provide the name of the alleged perpetrator.
§681.43.Testing.
(a)
Prior to or following the administration of any testing,
a licensee shall make known to clients the purposes and explicit use to be
made of any testing done as a part of a professional counseling relationship.
(b)
A licensee shall not appropriate, reproduce, or modify
copyrighted tests or parts thereof without the acknowledgment and permission
of the copyright owner.
(c)
A licensee shall not administer any test without the appropriate
training and experience to administer and interpret the test.
(d)
A licensee must observe the necessary precautions to maintain
the security of any test administered by the license or under the licensee's
supervision.
(e)
In accordance with the Act, the use of standardized projective
techniques is prohibited. This prohibition includes, but is not limited to,
the Rorschach Inkblot Test, the Holtzman Inkblot Test, the Thematic Apperception
Test, the Children's Apperception Test, and the Senior Apperception Test.
§681.44.Drug and Alcohol Use.
A licensee shall not:
(1)
use alcohol or drugs in a manner which adversely affects
the licensee's ability to provide counseling treatment intervention services;
(2)
use illegal drugs of any kind; or
(3)
promote, encourage, or concur in the illegal use or possession
of alcohol or drugs.
§681.45.Confidentiality and Required Reporting.
(a)
Communication between a licensee and client and the client's
records, however created or stored, are confidential under the provisions
of the Texas Health and Safety Code, Chapter 611 and other state or federal
statutes or rules where such statutes or rules apply to a licensee's practice.
(b)
A licensee shall not disclose any communication, record,
or identity of a client except as provided in Texas Health and Safety Code,
Chapter 611 or other state or federal statutes or rules.
(c)
A licensee shall comply with Texas Health and Safety Code,
Chapter 611, concerning access to mental health records.
(d)
A licensee shall report information if required by any
of the following statutes:
(1)
Texas Family Code, Chapter 2614, concerning abuse or neglect
of minors;
(2)
Texas Human Resources Code, Chapter 48, concerning abuse,
neglect, or exploitation of elderly or disabled persons;
(3)
Texas Health and Safety Code, Chapter 161, Subchapter K, §161.131
et seq., concerning abuse, neglect, and illegal, unprofessional, or unethical
conduct in an in-patient mental health facility, a chemical dependency treatment
facility or a hospital providing comprehensive medical rehabilitation services;
and
(4)
Texas Civil Practice and Remedies Code, §81.006, concerning
sexual exploitation by a mental health services provider.
§681.46.Licensees and the Board.
(a)
Licensees are bound by the provisions of the Act and this
chapter.
(b)
A licensee shall have the responsibility of reporting alleged
violations of the Act or this chapter to the board's executive director.
(c)
A licensee shall keep his or her board file updated by
notifying the board in writing of changes of name, highest academic degree
granted, address, telephone number, and employment.
(d)
A licensee shall cooperate with the board by furnishing
documents or information and by responding to a request for information from
or a subpoena issued by the board or its authorized representative.
(e)
A licensee shall comply with any order issued by the board
relating to the licensee.
(f)
A licensee shall not interfere with a board investigation
by the willful misrepresentation of facts to the board or its authorized representative
or by the use of threats or harassment against any person.
(g)
A licensee shall not file a complaint with the board in
bad faith.
§681.47.Assumed Names.
(a)
An individual practice by a licensee may be established
as a corporation, a limited liability partnership, a limited liability company,
or other allowable business entity in accordance with state or federal law.
(b)
An assumed or trade name used by a licensee must not be
false, deceptive, or misleading, as those terms are described in §681.49(b)
of this title (relating to Advertising and Announcements.)
§681.48.Consumer Information.
(a)
A licensee shall inform each client of the name, address,
and telephone number of the board for the purpose of reporting violations
of the Act or this chapter:
(1)
on each application or written contract for services;
(2)
on a sign prominently displayed in the primary place of
business; or
(3)
on a bill for counseling treatment intervention provided
to a client or third party.
(b)
A licensee shall display the license certificate and current
renewal card issued by the board in a prominent place in the primary location
of practice.
(c)
A licensee shall not display a license certificate or current
renewal card issued by the board which has been reproduced or is expired,
suspended, or revoked.
(d)
A licensee shall not make any alteration on a license certificate
or renewal card issued by the board.
§681.49.Advertising and Announcements.
(a)
Information used by a licensee in any advertisement or
announcement shall not contain information which is false, inaccurate, misleading,
incomplete, out of context, deceptive or not readily verifiable. Advertising
includes, but is not limited to, any announcement of services, letterhead,
business cards, commercial products, and billing statements.
(b)
False, misleading, or deceptive advertising or advertising
that is not readily subject to verification includes advertising that:
(1)
makes any material misrepresentation of fact or omits a
fact necessary to make the statement as a whole not materially misleading;
(2)
makes any representation likely to create an unjustified
expectation about the results of a health care service or procedure;
(3)
compares a health care professional's services with another
health care professional's services unless the comparison can be factually
substantiated;
(4)
contains a testimonial;
(5)
causes confusion or misunderstanding as to the credentials,
education, or licensure of a health care professional;
(6)
advertises or represents that health care insurance deductibles
or co-payments may be waived or are not applicable to health care services
to be provided if the deductibles or co-payments are required;
(7)
advertises or represents that the benefits of a health
benefit plan will be accepted as full payment when deductibles or co-payments
are required;
(8)
makes a representation that is designed to take advantage
of the fears or emotions of a particularly susceptible type of patient; or
(9)
advertises or represents in the use of a professional name
a title or professional identification that is expressly or commonly reserved
to or used by another profession or professional.
(c)
A licensee who retains or hires others to advertise or
promote the licensee's practice remains responsible for the statements and
representations made.
(d)
The highest academic degree earned from an accredited college
or university in counseling or a counseling-related field may be used when
advertising or announcing counseling treatment intervention to the public
or in counseling-related professional representations. A degree received at
a foreign university may be used if the degree could be accepted as a transfer
degree by accredited universities as reported by the American Association
of Collegiate Registrars and Admissions Officers. Notwithstanding the foregoing,
a licensee may advertise or announce his or her other degrees from accredited
colleges or universities if the subject of the degree is specified.
(e)
The board imposes no restrictions on advertising by a licensee
with regard to the use of any medium, the licensee's personal appearance,
or the use of his or her personal voice, the size or duration of an advertisement
by a licensee, or the use of a trade name.
(f)
All advertisements or announcements of counseling treatment
intervention including telephone directory listings by a person licensed by
the board may clearly state the licensee's licensure status by the use of
a title such as "Licensed Counselor", or "Licensed Professional Counselor",
or "L.P.C.", or a statement such as "licensed by the Texas State Board of
Examiners of Professional Counselors."
(g)
Counselors holding a temporary license shall indicate intern
status on all advertisements, billing, and announcements of counseling treatment
by the use of the term "LPC-Intern."
(h)
A licensee is required to hold the art therapy specialty
designation in order to use the title "art therapist" or the initials "A.T."
A licensee who does not hold the designation may engage in the practice of
counseling by using art therapy as a counseling method but may not use the
title or initials.
§681.50.Research and Publications.
(a)
In research with a human subject, a licensee shall take
reasonable precautions to ensure that the subject does not suffer emotional
or physical harm.
(b)
A licensee shall ensure the full protection of a client's
identity when using data obtained from a professional counseling relationship
for the purposes of education or research.
(c)
When conducting or reporting research, a licensee must
give recognition to previous work on the topic as well as observe all copyright
laws.
(d)
A licensee must give due credit through joint authorship,
acknowledgment, footnote statements, or other appropriate means to those persons
who have contributed significantly to the licensee's research or publication.
§681.51.Finding of Non-Fitness for Licensure Subsequent to Issuance of License.
The board may take disciplinary action based upon information received
after issuance of a license, if such information would have been the basis
for denial of licensure had it been received prior to the issuance of the
license.
§681.52.LPC Interns.
(a)
An LPC intern may not practice within his or her own private
independent practice of professional counseling. Months or hours of independent
practice will not count as part of the intern' s supervised experience; however,
the intern may be employed in his or her supervisor's private practice of
professional counseling and the months or hours may be counted.
(b)
An LPC intern may be employed on a salary basis or be a
consultant or volunteer.
(c)
No payment for services will be made directly by a client
to the intern.
(d)
Client records are not the property of the counseling intern.
(e)
All billing documents for services provided by LPC interns
shall reflect that the LPC intern holds a temporary license and is under supervision.
(f)
A supervisor may not be in the employ of the LPC intern.
The LPC intern may compensate the supervisor for time spent in supervision
if the supervision is not a part of the supervisor's responsibilities as a
paid employee of an agency, institution, clinic, or other business entity.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300737
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §681.51, §681.52
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.51.General.
§681.52.Required Application Materials.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300738
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.71 - 681.73
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.71.General.
(a)
An applicant must submit a complete application and fee
to the board. Complete applications will consist of the required application
materials described in §681.72 of this title (relating to Required Application
Materials).
(b)
Incomplete application packets received by the board will
be returned to the applicant without review. Fees associated with the application
process are not refundable. Applicants may resubmit a complete application
packet without additional fee within 45 days of the date of notice of non-acceptance
of the original application.
(c)
Applicants submitting complete application packets, but
which contain incomplete or unacceptable information will be notified of the
specific deficiency in writing. A copy of each unacceptable document will
be returned with the notice. Applicants will have 45 days from the date of
the notice to resubmit corrected or replacement documents. Applications not
corrected or completed within 45 days of notice of deficiencies will be void
and application materials will be returned to the applicant. Fees associated
with the application process are not refundable.
(d)
After an application is voided, an applicant will be required
to submit a new application and all required materials in addition to paying
a new application fee.
§681.72.Required Application Materials.
(a)
A general application form shall include, but not be limited
to:
(1)
specific information regarding personal data, employment
and type of practice, other state licenses and certifications held, felony
or misdemeanor convictions, educational background, and references;
(2)
a statement that the applicant has read the Act and board
rules, and agrees to abide by them;
(3)
the applicant's permission to the board to seek any information
it deems fit to determine the applicant's qualifications;
(4)
a statement that the applicant, if issued a license certificate,
shall return the license to the board upon the revocation or suspension of
the license;
(5)
a statement that the applicant understands that fees submitted
in the licensing process are non-refundable;
(6)
the applicant's signature and the date of signing.
(b)
The practicum documentation form shall contain:
(1)
the applicant's name;
(2)
the name and address of the agency or organization where
the practicum was done;
(3)
the name, address, degree, position, and licensure status
of the supervisor of the practicum;
(4)
inclusive dates of the practicum, the number of clock-hours
of practice, the number of academic semester hours awarded, and the name of
the school at which the practicum was taken;
(5)
the type of setting, the kinds of clients seen, and the
counseling methods employed;
(6)
any evaluation of the counseling skills of the applicant;
and
(7)
the signature of the supervisor or agency or school official
who can formally attest to the applicant's practicum experience.
(c)
The supervised experience documentation form must be completed
by the applicant's supervisor and contain:
(1)
the name of the applicant;
(2)
the name, address, degree, licensure status, and credentials
of the applicant's supervisor;
(3)
the name and address of the agency or organization where
the experience was gained;
(4)
the inclusive dates of the supervised experience and the
total number of hours of practice;
(5)
the number of hours of weekly face-to-face supervision
given to the applicant, the total number of supervisory hours received by
the applicant in the experience, and the types of supervision used;
(6)
the applicant's employment status during supervised experience;
(7)
the types of clients seen and counseling methods used;
(8)
the supervisor's evaluation of the applicant's counseling
skills and competence for independent or private practice;
(9)
the supervisor's notarized signature; and
(10)
a statement that the supervised experience complies with
the rules set out in Subchapter F of this chapter (relating to Experience
Requirements for Examination and Licensure) and §681.73 of this title
(relating to Application for Art Therapy Specialty Designation).
(d)
The supervisory agreement form must be completed, signed
and dated by both the supervisor and the applicant. A supervisory agreement
form must be submitted for subsequent supervisors and settings, before the
supervision begins under the new supervisor or in the new setting.
(e)
Graduate transcripts. An applicant must have the official
transcript(s) showing all relevant graduate work sent directly to the board
from the school(s) where the applicant obtained the course work or an official
transcript may be attached to the application in an sealed envelope from the
college or university.
§681.73.Application for Art Therapy Specialty Designation.
(a)
A person applying for examination and licensure with an
art therapy specialty designation must:
(1)
meet the requirements for a regular license set out in
Subchapter E of this chapter (relating to Academic Requirements for Examination
and Licensure) and Subchapter F of this chapter (relating to Experience Requirements
for Examination and Licensure);
(2)
hold either:
(A)
a master's or doctoral degree in art therapy that includes
700 hours of supervised practicum from an accredited institution; or
(B)
all of the following:
(i)
a master's degree in a counseling-related field;
(ii)
a minimum of 21 semester hours or the equivalent of sequential
course work in the history, theory, and practice of art therapy;
(iii)
700 hours of supervised practicum from an accredited
institution;
(3)
have the experience requirements set out in subsection
(c) of this section; and
(4)
submit documentation of successful completion of the Certification
Examination in Art Therapy of the Art Therapy Credentials Board.
(b)
The board shall accept an individual course from an art
therapy program accredited through the American Art Therapy Association as
satisfying the education requirements set out in §681.82 of this title
(relating to Academic Requirements) if not less than 75% of the course content
is substantially equivalent to the content of a course required in §681.83
of this title (relating to Academic Course Content).
(c)
As part of the supervised experience requirements for art
therapy specialty designation under the Act, §503.303, an applicant must
fulfill the requirements of Subchapter F of this chapter (relating to Experience
Requirements for Examination and Licensure) and must have the following:
(1)
1,000 client contact hours under supervision of a licensed
professional counselor with an art therapy specialty designation, if the applicant
holds a master's or doctoral degree in art therapy that includes 700 hours
of practicum; or
(2)
2,000 client contact hours under supervision of a licensed
professional counselor with an art therapy specialty designation, if the applicant
holds a master's degree in counseling or a counseling related field and has
a minimum of 21 semester hours or the equivalent of sequential course work
in the history, theory, and practice of art therapy with 700 hours practicum.
(d)
An applicant for a regular license with art therapy specialty
designation must pass the licensed professional counselor examination administered
by the board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300739
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.61 - 681.64
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.61.Purpose.
§681.62.General.
§681.63.Academic Requirements.
§681.64.Academic Course Content.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300740
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.81 - 681.83
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.81.General.
(a)
The board shall accept as meeting academic requirements,
graduate work done at American universities which hold accreditation from
accepted regional educational accrediting associations as reported by the
American Association of Collegiate Registrars and Admissions Officers.
(b)
Degrees and course work received at foreign universities
shall be acceptable only if such course work could be counted as transfer
credit by accredited universities as reported by the American Association
of Collegiate Registrars and Admissions Officers. If degrees or course work
cannot be documented because the foreign university refuses to issue a transcript
or other evidence of the degrees or course work, the board may consider, on
a case-by-case basis, accepting degrees or course work based on other evidence
presented by the foreign graduate applicant.
(c)
The relevance to the licensing requirements of academic
courses, the titles of which are not self-explanatory, must be substantiated
through course descriptions in official school catalogs or bulletins or by
other means.
(d)
The board shall count no undergraduate level courses taken
by an applicant as meeting any academic requirements unless the applicant's
official transcript clearly shows that the course was awarded graduate credit
by the school.
(e)
The board shall accept no course work which an applicant's
transcript indicates was not completed with a passing grade or for credit.
(f)
In evaluating transcripts, the board shall consider a quarter
hour of academic credit as two thirds of a semester hour.
§681.82.Academic Requirements.
(a)
Persons applying for examination and licensure must have:
(1)
a graduate degree in counseling or related field on at
least the master's level; and
(2)
a planned graduate program in counseling or related field
of at least 48 semester hours.
(b)
The 48 semester hours must be designed to train a person
to provide direct services to assist individuals or groups in a professional
counseling relationship using a combination of mental health and human development
principles, methods, and techniques to achieve the mental, emotional, physical,
social, moral, educational, spiritual, or career-related development and adjustment
of the client throughout the client's life.
(1)
The 48 semester hours may be course work that was part
of the required graduate degree, or may be in addition to course work taken
for the degree, or a combination of both.
(2)
The 48 hours must cover the course content described in §681.83
of this title (relating to Academic Course Content).
(c)
Applicants must also have a supervised practicum experience
that is primarily professional counseling in nature of at least 300 clock-hours
which were a part of the required planned graduate program.
(1)
At least 100 hours of direct client counseling contact
must be shown.
(2)
Academic credit or other acknowledgment of the practicum
must appear on the applicant's official graduate transcript.
(3)
No practicum course intended primarily for practice in
the administration and grading of appraisal or assessment instruments shall
count toward the 300 clock-hour requirement.
§681.83.Academic Course Content.
(a)
An applicant is responsible for obtaining academic course
work and demonstrating competency in the following specific areas through
successful completion of the examination:
(1)
normal human growth and development - the process and stages
of human intellectual, physical, social, and emotional development from prenatal
origins through old age;
(2)
abnormal human behavior - the principles of understanding
dysfunction in human behavior or social disorganization;
(3)
appraisal or assessment techniques - the principles, concepts,
and procedures of systematic appraisal or assessment of an individual' s attitudes,
aptitudes, achievements, interests, and personal characteristics, which may
include the use of both non-testing approaches and test instruments;
(4)
counseling theories - the major theories of professional
counseling;
(5)
counseling methods or techniques - the methods or techniques
used to provide counseling treatment intervention including:
(A)
counseling individuals; and
(B)
the theory and types of groups, including dynamics and
the methods of practice with groups;
(6)
research - the methods of research which may include the
study of statistics or a thesis project in an area relevant to the practice
of professional counseling;
(7)
life style and career development - the theories of vocational
choice, career choice and life style, sources of occupational and educational
information, and career decision-making processes;
(8)
social, cultural, and family issues - the studies of change,
ethnic groups, gender studies, family systems, urban and rural societies,
population patterns, cultural patterns, and differing life styles; and
(9)
professional orientation - the objectives of professional
organizations, codes of ethics, legal aspects of practice, standards of preparation,
and the role identity of persons providing direct counseling treatment intervention.
(b)
The remaining courses needed to meet the 48 graduate-hour
requirement shall be in areas directly supporting the development of an applicant's
professional counseling skills such as practicum or internship credit and
other courses related primarily to professional counseling.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300741
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.81 - 681.83
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.81.Temporary License.
§681.82.Experience Requirements (Internship).
§681.83.Supervisor Requirements.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300742
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.91 - 681.93
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.91.Temporary License.
(a)
The board may issue a temporary license to an applicant
who:
(1)
has filed all application forms and license fee;
(2)
has met all of the academic requirements for licensure;
(3)
has entered into a supervisory agreement with a supervisor
meeting the requirements of §681.93 of this title (relating to Supervisor
Requirements); and
(4)
has not completed the supervised experience described in §681.92
of this title (relating to Experience Requirements (Internship)).
(b)
In this state, a person must obtain a temporary license
before the person begins an internship or continues an internship. Hours obtained
by an unlicensed person in any setting shall not count toward the supervised
experience requirements. Supervised experience hours gained prior to June
1, 1994, may count toward licensure if all academic requirements are met at
the time of application. Hours gained after June 1, 1994 cannot count, unless
the person held a temporary license while accumulating the hours.
(c)
An LPC intern may practice only as part of his or her internship.
(d)
An LPC intern must maintain a temporary license during
his or her supervised experience.
(e)
A temporary license is valid for 36 months or until the
LPC intern fails the examination twice, whichever occurs first.
(f)
An LPC intern who does not obtain a regular license during
the 36 months and does not fail the exam twice may apply for a 36 month extension
of his or her temporary license by written request and payment of a fee. Only
one extension will be issued to an LPC intern which will be valid for 36 months
or until the LPC intern fails the examination twice, whichever occurs first.
(g)
An LPC intern who holds a temporary license may obtain
a regular license by:
(1)
submitting a supervised experience documentation form documenting
successful completion of the required hours of supervised experience in accordance
with §681.72(c) of this title (relating to Required Application Materials);
and §681.92 of this title; and
(2)
successfully completing the board examination for licensure
in accordance with Subchapter G of this chapter (relating to Licensure Examinations).
(h)
Applicants who have completed the supervised experience
and who have not passed the required examination at the time of application
are not eligible for an initial or an additional temporary license. Such applicants
may obtain a regular license by taking and passing the required examination.
§681.92.Experience Requirements (Internship).
(a)
Applicants for licensure must complete a supervised experience
acceptable to the board of 3,000 clock-hours or 36 months at 20 hours per
week.
(b)
The supervised experience must include at least 1,500 clock-hours
of direct client counseling contact.
(c)
An applicant must complete the required 3,000 clock-hours
of supervised experience in a time period of no fewer than 18 months.
(d)
The 18 month time period shall not be decreased by excess
practicum hours that are applied toward the supervised experience hours.
(e)
The internship must commence after:
(1)
the completion of a graduate degree in counseling or a
related field; and
(2)
the completion of a planned graduate program in counseling
of at least 48 semester hours.
(f)
The applicant who began to accumulate supervised experience
on or after October 2, 1996, must have completed at least 48 graduate semester
hours in counseling or a counseling-related field and hold a temporary license
from the board.
(g)
The experience must have consisted primarily of the provision
of direct counseling services within a professional relationship to individuals
or groups by using a combination of mental health and human development principles,
methods, and techniques to achieve the mental, emotional, physical, social,
moral, educational, spiritual, or career-related development and adjustment
of the client throughout the client's life.
(h)
The applicant must have received direct supervision consisting
of a minimum of one hour a week of face-to-face supervision in individual
or group settings. No more than one half of the total hours of supervision
may be received in group supervision.
(i)
The experience must have been under the direction of a
board approved supervisor.
(j)
The board may count excess practicum hours toward the experience
requirements of this subchapter if:
(1)
the hours were part of the applicant's academic practicum
or internship accumulated after the commencement of the applicant's planned
graduate program;
(2)
the hours are in excess of the 300-hour practicum required
by §681.82(c) of this title (relating to Academic Requirements); and
(3)
the hours to be counted are not more than 400 hours.
(k)
LPC interns shall comply with the ethical standards set
out in Subchapter C (relating to Code of Ethics) of this chapter.
(l)
A person must obtain a temporary license before the person
begins an internship or continues an internship. Hours obtained by an unlicensed
person in any setting shall not count toward the supervised experience requirements.
(m)
A supervisor may not be in the employ of the LPC intern.
The LPC intern may compensate the supervisor for time spent in supervision
if the supervision is not a part of the supervisor' s responsibilities as
a paid employee of an agency, institution, clinic, or other business entity.
(n)
Experience received under a supervisor who is a licensee
subject to a board order shall not qualify as supervised experience for licensure
purposes.
§681.93.Supervisor Requirements.
(a)
All internships physically occurring in the state of Texas
for which a supervisory agreement is executed on or after September 1, 2003,
must be completed under a supervisor who holds a regular license issued by
the board. The supervisor must have held the license in good standing for
at least 24 months from the date of issuance. Completion of a doctoral degree
in counseling or a counseling-related field at an accredited university may
be substituted for 12 months of the 24 month requirement.
(b)
For all internships physically completed in a state or
jurisdiction other than Texas, the supervisor must be a person licensed or
certified by the state or jurisdiction in a profession that provides counseling
and who has the academic training and experience to supervise the counseling
services offered by the intern. If the state or jurisdiction has no appropriate
licensure or certification, the applicant must submit to the board relevant
official graduate transcripts, documentation of practicum and experience,
and any professional certifications which demonstrate that the person is qualified
to supervise the type of counseling practice performed by the intern.
(c)
A supervisor under this section must have met the following
requirements.
(1)
The supervisor shall meet the requirements stated in subsection
(a) of this section, shall submit a supervisor approval application form accompanied
by a $50 supervisor approval processing fee, shall annually submit a renewal
supervisor approval application form accompanied by a $50 supervisor approval
processing fee, and must successfully complete one of the following:
(A)
an examination offered for certification as a counselor
supervisor or current certification as a counselor supervisor by a nationally
recognized counseling association acceptable to the board;
(B)
40 clock-hours of training in the supervision of professional
counseling or mental health services through one or a combination of the following:
(i)
a graduate course in counselor supervision taken for credit
at an accredited college or university;
(ii)
continuing education programs meeting the requirements
of §681.142 of this title (relating to Types of Acceptable Continuing
Education); or
(iii)
clinical supervision of the supervisor applicant by a
person who has already met the requirements of this subsection or if from
another state who would be acceptable under subsections (a) or (b) of this
section;
(2)
The 40 clock-hours shall include at least the following:
(A)
defining and conceptualizing supervision and models of
supervision for at least three clock-hours;
(B)
supervisory relationship and counselor development for
at least three clock-hours;
(C)
supervision methods and techniques for at least 12 clock-hours,
covering roles (teacher, counselor, and consultant), focus (process, conceptualization,
and personalization), group supervision, multi-cultural supervision (racial,
ethnic, and gender issues), and evaluation methods;
(D)
ethical, legal, and professional issues for at least 12
clock-hours, covering roles for supervision and standards of practice, Subchapter
B of this title (relating to Authorized Counseling Methods and Practices), §681.92
of this title (relating to Experience Requirements (Internship), and §681.93
of this title (relating to Supervisor Requirements), other codes of ethics,
and ethical and legal dilemmas; and
(E)
executive and administrative tasks for at least three clock-hours
covering supervision plan, supervision contract, time for supervision, record
keeping, and reporting.
(3)
At the time of application for a license, a person must
submit required documentation showing that the person's supervisor meets the
requirements of this section.
(d)
A board approved supervisor shall maintain and sign a record(s)
to document the date of each supervision conference of a minimum of one hour
a week of face-to-face supervision in individual or group settings and to
document the LPC intern's total number of hours of supervised experience accumulated
up to the date of the conference.
(e)
The full professional responsibility for the counseling
activities of an LPC intern shall rest with the intern's board approved supervisor.
(1)
The supervisor shall ensure that the LPC intern is aware
of and adheres to Subchapter C (relating to Code of Ethics) of this chapter.
(2)
A dual relationship between the supervisor and the LPC
intern that impairs the supervisor's objective, professional judgment shall
be avoided.
(3)
A supervisor may not be related within the second degree
by affinity or within the third degree by consanguinity to the LPC intern.
(4)
A supervisor may not supervise more than eight persons
at one time.
(5)
If a supervisor determines that the LPC intern may not
have the counseling skills or competence to practice professional counseling
under a regular license, the supervisor shall develop and implement a written
plan for remediation of the LPC intern.
(f)
A supervisor whose license expires or is revoked or suspended
is no longer an approved supervisor and hours accumulated under that person's
supervision after expiration, revocation or suspension will not count as acceptable
hours.
(g)
A supervisor who become subject to a board disciplinary
order is no longer an approved supervisor. The person shall inform all LPC
interns of the board disciplinary order and assist the LPC interns in finding
alternate supervision.
(h)
A supervisor may not be in the employ of the LPC intern.
The LPC intern may compensate the supervisor for time spent in supervision
if the supervision is not part of the supervisor' s responsibilities as a
paid employee of an agency, institution, clinic, or other business entity.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300743
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.91 - 681.96
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.91.Examination.
§681.92.Requirements for Licensure Examination.
§681.93.Grading.
§681.94.Failures.
§681.95.Notice of Results.
§681.96.Failure to Take Examination.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300744
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.101 - 681.104
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.101.Examination.
(a)
The board shall develop a licensure examination.
(b)
The development or administration of the examination may
be contracted to a national testing company.
(c)
Examinations will be administered at testing centers located
in various cities throughout the state.
(d)
The examination fee shall be paid to the board's contractor.
(e)
An applicant who is an LPC intern may sit for the Licensed
Professional Counselor Examination at any time during the effective dates
of the applicant's temporary license.
(f)
A regular license will be issued to an applicant only after
completion of required supervised experience and successful completion of
the licensed professional counselor examination.
(g)
Applicants seeking accommodations for the licensure examination
under the Americans with Disabilities Act shall inform the board of any special
accommodations needed in advance and in writing. Disability accommodation
requests must be accompanied by verification of the disability from a professional
who has diagnosed or can attest to the disability and who recommends accommodation.
(h)
The board shall provide written notification to persons
who meet all requirements for examination.
§681.102.Grading.
(a)
Electronically administered licensure examinations shall
be graded at the testing center upon completion of the examination.
(b)
Written examinations may be requested under certain circumstances;
however, grading will not be provided immediately upon completion of the examination.
§681.103.Reexamination.
(a)
An applicant who fails the licensure examination may schedule
a second examination by submitting a copy of a failing score report and a
written request for the second examination.
(b)
The application of a person who fails any two examinations
will be voided.
(c)
The temporary license of a person who fails any two successive
examinations shall be voided. Reapplication for a temporary license must be
in accordance with §681.72 of this title (relating to Required Application
Materials) and §681.91(a)(5) of this title (relating to Temporary License).
(d)
A person who fails any two successive examinations may
not make application for a temporary license, provisional license, or reapply
for a regular license until two years have elapsed from the date of the last
examination or until the person has completed nine graduate semester hours
in the applicant's weakest portion of the examination as determined by the
applicant based on the applicant's analysis of the score reports. The hours
must be in counseling or counseling-related courses. After completion of the
coursework or the elapsing of two years, an application for licensure must
be submitted in accordance with §681.81 of this title (relating to General)
and §681.82 of this title (relating to Academic Requirements).
§681.104.Notice of Results.
(a)
Each examinee shall receive the examination results on
site at the time of examination, if taken electronically.
(b)
No matter which numerical or other scoring system is used
in arriving at examination results, the official notice of results to applicants
shall be stated in terms of "pass" or "fail".
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300745
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.111 - 681.114
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.111.Issuance of Licenses.
§681.112.Endorsement.
§681.113.Surrender of License.
§681.114.Application for Art Therapy Specialty Designation.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300746
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.111 - 681.113
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.111.Issuance of Licenses.
(a)
The board will issue a license to each applicant who has
satisfactorily fulfilled all requirements for licensure including examination.
Upon successful completion of the examination, an applicant must submit a
copy of the examination score report form with any outstanding fees. Upon
receipt of the score report form, the board shall issue a license.
(b)
Regular licenses and regular licenses with an art therapy
specialty designation shall bear the signatures of board members and be affixed
with the seal of the board.
(c)
Temporary licenses shall bear the signatures of the board
chair and the executive director.
(d)
Provisional licenses and provisional licenses with an art
therapy specialty designation shall bear the signature of the executive director.
(e)
Any license certificate or renewal card issued by the board
remains the property of the board and must be surrendered to the board on
demand.
(f)
The board will replace a lost, damaged, or destroyed license
certificate or renewal cards upon a written request from the licensee and
payment of the license replacement fee.
(g)
Upon the written request and payment of the license certificate
duplicate fee by a licensee, the board will provide a licensee with a duplicate
for a second place of practice which is designated in a licensee's file.
(h)
Only the highest academic degree earned from an accredited
college or university in counseling or a counseling-related field may appear
on the license certificate.
§681.112.Provisional Licensing.
(a)
The board may grant a provisional license to a person who
holds, at the time of application, a license as a counselor or art therapist
issued by another state, territory, or jurisdiction that is acceptable to
the board. An applicant for a provisional license must:
(1)
submit an application and license fee;
(2)
be licensed in good standing as a counselor or art therapist
in another state, territory, or jurisdiction that has licensing requirements
that are substantially equivalent to the regular licensing requirements of
the Act and submit documentation of such licensure;
(3)
have passed a national examination recognized by the board,
relating to counseling or art therapy or an exam offered by another state,
territory, or jurisdiction for licensure as a professional counselor or art
therapist and submit documentation of passing such examination; and
(4)
submit a letter of sponsorship from a person who holds
a regular license issued by the board with whom the provisional licensee may
practice.
(b)
An applicant for a provisional license may be excused from
the requirement of subsection (a)(4) of this section if the board determines
that compliance with that subsection constitutes a hardship to the applicant.
(c)
The board must complete the processing of a provisional
licensee's application for a license not later than the 180th day after the
date the provisional license is issued or at the time licenses are issued
following the successful completion of the examination, whichever is later.
The person holding a provisional license must file all evidence of his or
her academic and experience requirements within the 180 days. The board office
shall evaluate the information received and may issue a deficiency letter
during the 180 days. If the documentation received during the 180 days does
not show that the person meets the academic and experience requirements set
out in this chapter, the application shall be proposed for denial.
(d)
A provisional license is valid until the date the board
issues a license or denies the provisional licensee's application for a license.
(e)
The board shall issue a regular license or a regular license
with art therapy specialty designation to the holder of a provisional license
if the board verifies that the provisional licensee has the academic and experience
requirements for a regular license or a regular license with art therapy specialty
designation.
(f)
The board shall consider only states, territories, and
jurisdictions of the United States as acceptable for the purposes of provisional
licensing.
§681.113.Surrender of License.
(a)
A licensee may at any time voluntarily offer to surrender
his or her license for any reason, without compulsion.
(b)
The license may be delivered to the board office by hand
or certified mail.
(c)
If there is no complaint pending, the board office may
accept the surrender and void the license.
(d)
If a complaint is pending, the procedures for acceptance
of a license surrender are set out in §681.168 of this title (relating
to Surrender of License when Complaint is Pending.)
(e)
A license which has been surrendered and accepted may not
be reinstated; however, a person may apply for a new license in accordance
with the Act and this chapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300747
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.121 - 681.128
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.121.General.
§681.122.Staggered Renewals.
§681.123.License Renewal.
§681.124.Late Renewal.
§681.125.Inactive Status.
§681.126.Retired Status.
§681.127.Active Military Duty.
§681.128.Suspension of License for Failure to Pay Child Support.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300748
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.121 - 681.127
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.121.General.
(a)
A regular license or a regular license with art therapy
specialty designation must be renewed annually.
(b)
A person who holds a regular license or a regular license
with art therapy specialty designation must have fulfilled any continuing
education requirements prescribed by board rule in order to renew a license.
(c)
Each person who holds a regular license or a regular license
with art therapy specialty designation is responsible for renewing the license
annually and shall not be excused from paying late renewal fees or renewal
penalty fees. Failure to receive notice from the board does not waive payment
of late penalty fees.
(d)
A person whose license has expired shall return his or
her license certificate to the board.
(e)
A person whose license has expired shall not practice professional
counseling or advertise counseling treatment interventions, unless exempted
by the Act.
(f)
The deadlines established for renewals, late renewals,
and license renewal penalty fees in this subchapter are based on the postmark
date of the documentation submitted by the licensee.
(g)
The board shall deny renewal if required by the Texas Education
Code, §57.491, relating to defaults on guaranteed student loans.
§681.122.Staggered Renewals.
The board shall use a staggered system for license renewals. The renewal
date of a license shall be the last day of the licensee's birth month. If
the time between the issuance of the initial license and the applicant's next
birthday is less than 180 days, the license expiration date of the initial
license shall be the last day of the next birth month plus one year. If the
time between the issuance of the initial license and the applicants next birthday
is more than 180 days, the license expiration date will be the last day of
the next birth month.
§681.123.License Renewal.
(a)
At least 45 days prior to the expiration of a regular license
or a regular license with art therapy specialty designation, the board will
send notice to a licensee that includes the expiration date of the license,
a form to report annual continuing education activity, and instructions for
renewing the license.
(b)
Notice of license renewal shall be furnished to licensees
eligible for renewal. The notice shall require the licensee to notify the
board of any changes to information necessary to keep records current.
(c)
The board shall not renew a license until it receives the
renewal fee and the board form for reporting applicable continuing education
requirements.
(d)
The board shall issue a renewal card to a licensee who
has met all requirements for renewal. The licensee must display the renewal
card in association with the license.
(e)
The license of a person who made a timely and sufficient
request for renewal of his or her license does not expire until the application
for renewal is finally determined by the board, or in case the application
is denied or the terms of the new license limited, until the last day for
seeking review of the board's order or a later date fixed by order of a reviewing
court.
§681.124.Late Renewal.
(a)
A person who renews a license after the expiration date
but on or within 90 days after the expiration date shall pay the appropriate
late renewal fee.
(b)
If a person has not renewed a license for more than 30
days after the date of expiration, the board shall again inform the person
of the expiration date of the license and the amount of the fee required for
renewal.
(c)
The board shall notify a person whose license is expired
that the person may not advertise, practice, or represent himself or herself
as a counselor in any manner. Upon the expiration of a person's license, the
board may notify the person to return the license certificate to the board.
(d)
A person whose license was not renewed by the expiration
date may renew within one year of the expiration date by paying the renewal
fee plus the appropriate license renewal penalty fee. Payment must be in the
form of a personal check, certified check, or money order.
(e)
If a person did not have the required continuing education
at the time of expiration of the license, the person must file evidence of
completion of the required continuing education before the license can be
renewed.
(1)
A license is considered expired until all requirements
for renewal are met.
(2)
Evidence of continuing education shall be the completed
continuing education form and other documentation required by the board.
(3)
The time period from expiration of the license until renewal
of the license shall be subtracted from the next one-year continuing education
reporting period.
(f)
On or after one year from the expiration date, a person
may no longer reinstate the license and must reapply by submitting a new application,
paying the required fees, and meeting the current requirements for licensure
including passing the licensure examination.
§681.125.Inactive Status.
(a)
A licensee may place his or her license on inactive status
by submitting a written request prior to the expiration of the license along
with the inactive fee. Inactive status periods shall be granted only to persons
whose licenses are current or whose licenses have been expired for less than
one year.
(b)
An inactive status period shall begin on the first day
of the month following payment of an inactive status fee.
(c)
A person may not act as a professional counselor, represent
himself or herself as a professional counselor, or provide counseling treatment
intervention during the inactive status period, unless exempted by the Act.
(d)
A person may remain subject to investigation and action
under Subchapter K of this chapter (relating to Complaints and Violations)
during the period of inactive status.
(e)
A person must notify the board in writing to return to
active status. Active status shall begin on the first day of the month following
payment of applicable fees.
(f)
The person's next continuing education cycle will begin
upon return to active status and end on the last day of the person's birth
month.
(g)
The licensee must renew the inactive status annually.
§681.126.Retired Status.
(a)
A licensee may request his or her license be placed on
retired status by submitting a written request along with the license certificate.
Upon request, the board staff will stamp the license certificate as retired
and return the retired certificate to the licensee.
(b)
Once a licensee places his or her license on retired status,
the individual may no longer practice professional counseling or refer to
himself or herself as a professional counselor, unless exempted by the Act.
The individual will no longer be required to pay renewal fees or to obtain
continuing education.
(c)
A retired license cannot be renewed or reinstated. To be
eligible for a new license to practice professional counseling, the person
would be required to apply for another license by meeting requirements in
effect at the time of the application, including passing the examination.
§681.127.Active Military.
If a licensee fails to renew his or her license because the licensee
is called to or is on active duty with the armed forces of the United States
serving outside of the State of Texas, the licensee or the licensee's authorized
representative may request that the license be declared inactive or be renewed.
A request for inactive status shall be made in writing to the board prior
to expiration of the license or within one year from the expiration date.
A request for renewal may be made before or after the expiration date.
(1)
If the request is made by the licensee's authorized representative,
the request must include a copy of the appropriate power of attorney or written
evidence of a spousal relationship.
(2)
The written request shall include a copy of the official
transfer orders of the licensee or other official military documentation showing
that the licensee is called to or on active duty serving outside of the State
of Texas.
(3)
The payment of the inactive status fee, late renewal fee
and licensure renewal penalty fee is waived for a licensee under this section.
(4)
An active duty licensee shall be allowed to renew under
this section without submitting proof of continuing education hours if proof
is required for renewal; however, the licensee must submit proof of completion
of the required number of continuing education hours by the end of the following
time period. If the licensee fails to submit proof of completion of the required
continuing education by the end of the time period, the board may suspend
or revoke or deny renewal of the license.
(5)
The written request shall include a current address and
telephone number for the licensee or the licensee's authorized representative.
(6)
The board may periodically notify the licensee or the licensee's
authorized representative that the license of the licensee remains in inactive
status, if applicable.
(7)
Except in extraordinary circumstances, a licensee on active
duty serving outside the State of Texas shall notify the board that the licensee
is on active duty. The board shall note in the licensee's file that the licensee
may be eligible for renewal under this section.
(8)
If a licensee is a civilian impacted or displaced for business
purposes outside of the State of Texas due to a national emergency or war,
the licensee or the licensee's authorized representative may request that
the license be declared inactive in the same manner as described in this section
for military personnel. The written request shall include an explanation of
how the licensee is impacted or displaced, which explanation shall be on the
official letterhead of the licensee's business. The requirements of this section
relating to renewal by active duty licensees shall not apply to a civilian
under this paragraph.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300749
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.141 - 681.147
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.141.General.
(a)
The purpose of this subchapter is to establish the continuing
education requirements for the renewal of a regular license or a regular license
with art therapy specialty designation which a licensee must complete annually
toward furthering of professional development in professional counseling.
These requirements are intended to maintain and improve the quality of professional
counseling services provided to the public and maintain licensee knowledge
of current research, techniques, and practice; and provide other resources
which will improve skill and competence in professional counseling.
(b)
Continuing education requirements for renewal shall be
fulfilled during a 12-month period beginning on the first day of a licensee's
renewal year and ending on the last day of the licensee's renewal year.
(c)
Every other year, a licensee must complete at least three
hours of continuing education directly related to counselor ethics issues.
(d)
Every other year, a licensee must complete a minimum of
one hour of continuing education directly related to disaster response and
preparedness, effective January 1, 2004.
(e)
A licensee must complete 12 clock-hours of continuing education
acceptable to the board during each 12 month period as described in subsection
(b) of this section. A clock-hour shall be 60 minutes of attendance and participation
in an acceptable continuing education experience.
§681.142.Types of Acceptable Continuing Education.
(a)
Acceptable continuing education may be participation in
those sections of programs, institutes, seminars, workshops, and conferences
which are counseling related topics; are designed to increase professional
knowledge, skills or competence in the practice of professional counseling;
and are taught by a person who has licensure, education or expertise in the
subject being presented.
(b)
Acceptable continuing education may be teaching or consultation
in graduate level programs which are designed to increase professional knowledge
related to the practice of professional counseling provided that such teaching
and consultation is not part of, or required as a part of, one's employment.
(c)
Acceptable continuing education may be the completion of
graduate academic courses in areas supporting development of skill and competence
in professional counseling at an accredited institution.
(d)
Acceptable continuing education may be participation in
case supervision, management, or consultation provided that it is not required
as a part of a licensee's employment; is conducted according to stated training
or didactic goals such as expertise in specific techniques including supervision
techniques or certification in specialty areas of counseling; is conducted
by an appropriately state-licensed, state-certified, or state-registered mental
health professional who meets board requirements for supervisors, demonstrates
training and expertise in the specific area for which supervision is provided,
and has received prior approval by the board for the program; and does not
exceed six months in length.
(e)
Acceptable continuing education may be participation or
teaching in programs directly related to counseling (e.g., institutes, seminars,
workshops, or conferences) which are approved or offered by an accredited
college or university, a nationally recognized professional organization in
the mental health field or its state or local equivalent organization, or
a state or federal governmental agency.
(f)
Acceptable continuing education may be the completion of
an independent study program directly related to counseling and approved or
offered by a nationally recognized professional organization in the mental
health field or its state equivalent, approved or offered by an accredited
college or university, or approved or offered by a board approved continuing
education provider.
(g)
Acceptable continuing education may be participation in
programs offered by persons approved by the board as continuing education
providers.
§681.143.Procedures for Approval of Programs.
(a)
Licensees wishing to attend or who have attended a specific
program may initiate a request to the board for approval of the program for
continuing education credit. Approval shall be given only for the specific
program described in the request.
(b)
A licensee is responsible for providing the information
necessary for the board to make a determination of the applicability of the
program to the continuing education requirements.
§681.144.Pre-Approved Providers.
(a)
Continuing education providers may apply for provider pre-approval
to provide continuing education on forms provided by the board. Continuing
education provider applicants shall submit a continuing education provider
application form, accompanied by a $50 continuing education provider processing
fee and shall renew the pre-approval status annually by submission of a renewal
continuing education provider application form, accompanied by a $50 continuing
education provider processing fee.
(b)
Board approval of provider applications will be approved
based on a review of the application and a determination of the applicant's
ability to comply with board rules.
(c)
Board pre-approvals are effective for twelve months from
the date of board approval. Renewal provider applications must be submitted
to the board annually, accompanied by a $50 processing fee.
(d)
Pre-approved providers of continuing education must comply
with board requirements as set out in §681.142 of this title (relating
to Types of Acceptable Continuing Education) and §681.145 of this title
(relating to Determination of Clock-hour Credits).
(e)
Pre-approved providers of continuing education must maintain
records of all continuing education activities for a period of five years
including names of all presenters, complete course descriptions and objectives,
teaching methods employed, attendance sheets for each course, sample certificates
of attendance, and evaluation documents from each participant for the specific
experience. The provider shall provide each participant with written documentation
of attendance, which includes the participant's name, the number of approved
continuing education hours, the title and date(s) of the program, the provider
number, and the signature of the provider.
(f)
Failure to comply with board record keeping requirements
or failure to comply with requirements of instructor or course qualifications
is a violation of board rules and may result in termination of approval status
or denial of renewal of provider approval.
(g)
Pre-approved providers are subject to audit of all continuing
education records upon written request by the board. Upon receipt of written
notice of audit, the provider will submit all requested records of continuing
education to the board within ten working days. Failure to provide documentation
as requested or submission of fraudulent documents will result in termination
of approval status.
(h)
Upon receipt and audit of documents submitted by the provider,
the board will notify the provider of the results of the audit. The board
may inform the provider of any corrective action needed, may terminate current
approval, or may deny future applications based on a finding of non-compliance
with this subchapter.
§681.145.Determination of Clock-hour Credits.
(a)
Parts of programs which meet the criteria of §681.142(a),
(e), (f), and (g) of this title (relating to Types of Acceptable Continuing
Education) shall be credited on a one-for-one basis with one clock-hour of
credit for each clock-hour spent in the continuing education activity
(b)
Teaching in programs which meet the board's criteria as
set out in §681.142(b) of this title shall be credited on the basis of
one clock-hour of credit for one clock-hour taught plus two clock-hours credit
for preparation for each hour actually taught. No more than 8 hours of the
12 clock-hour continuing education requirement can be credited under this
option. Credit may be granted for the same presentation only once during a
12-month period.
(c)
Completion of academic work at an institution which meets
the accreditation standards acceptable to the board and the criteria set out
in §681.142(c) of this title shall be credited on the basis of 15 clock-hours
of credit for each semester hour or 10 clock-hours of credit for each quarter
hour completed and for which a passing grade was received.
(d)
No more than four clock-hours of the 12 clock-hours continuing
education requirement may be obtained through case supervision, management,
and consultation programs set out in §681.142(d) of this title.
§681.146.Reporting of Continuing Education.
(a)
A licensee shall report continuing education on a form
provided by the board which the licensee shall complete and sign. No individual
documents of participation in continuing education are to be submitted to
the board unless requested in writing.
(b)
The board will monitor a licensee's compliance with continuing
education requirements by the use of random audit. Licensees will be notified
in writing if they have been selected for a continuing education audit. Individual
supporting documents of participation in continuing education activities are
not to be submitted to the board unless a written Notice of Audit is received
informing the licensee that he or she has been randomly selected for a document
audit. Upon receipt of a Notice of Audit the licensee will be required to
submit all appropriate documentation to substantiate compliance with the board's
continuing education requirements within 15 working days of receipt of notice.
(c)
The licensee is responsible for maintaining continuing
education records for a period of two years.
(d)
An audit shall be automatic for a licensee who was determined
to be non-compliant the immediately preceding audit.
(e)
Appropriate continuing education supporting documentation
includes:
(1)
for a program attended, certificate of attendance;
(2)
for teaching or consultation in approved programs, a letter
on the sponsoring agency' s letterhead giving name of program, location, dates,
and subjects taught and giving total clock-hours of teaching or consultation;
(3)
for completion of academic work from accredited schools,
evidence of course credit;
(4)
for official auditing of a graduate level course at a regionally
accredited academic institution, a letter from the academic institution or
professor which includes the actual number of clock-hours attended.
(f)
Failure to meet the continuing education requirement, provide
documentation as requested by the board, or providing fraudulent documentation
is a violation of board rules and may result in disciplinary action, up to
and including license revocation.
§681.147.Activities Unacceptable as Continuing Education.
The board will not give continuing education credit to a licensee for:
(1)
education incidental to the regular professional activities
of a counselor such as learning occurring from experience or research;
(2)
organizational activity such as serving on committees or
councils or as an officer in a professional organization;
(3)
meetings and activities not related to the practice of
professional counseling which are required as a part of one's job;
(4)
teaching or consultation which is part of one's employment;
(5)
an experience which does not fit the types of acceptable
continuing education in §681.142 of this title (relating to Types of
Acceptable Continuing Education); or
(6)
a continuing education activity completed before or after
the 12 month period for which the continuing education credit is submitted
except as allowed in §681.124(e) of this title (relating to Late Renewal).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300750
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.161 - 681.163
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.161.Fitness of Applicants for Licensure.
§681.162.Materials Considered in Determination of Fitness of Applicants.
§681.163.Finding of Non-Fitness for Licensure.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300751
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.161 - 681.170
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.161.Complaint Procedures.
(a)
A person wishing to report an alleged violation of the
Act or the rules by a licensee or other person shall notify the executive
director. The initial notification may be in writing, by telephone, or by
personal visit to the board office.
(b)
A complaint shall not be accepted by the board office if
the official form is not filed within five years of the date of termination
of the counselor-client relationship which gave rise to the alleged violations.
If the client was a minor at the time of the alleged violation, this time
limitation does not begin to run until the client reaches the age of 18 years.
A complainant shall be notified of the non-acceptance of untimely complaints.
This time limitation shall not apply to complaints involving violations of §681.42
of this title (relating to Sexual Misconduct) or the board's previous rules
relating to sexual activities.
(c)
Upon receipt of a complaint, the executive director shall
send an acknowledgment letter to the complainant and an official form which
the complainant must complete and return to the board before further action
may be taken. The executive director may accept an anonymous complaint if
there is sufficient information for the investigation.
(d)
A complaints committee shall be appointed to work with
the executive director to:
(1)
review each complaint and determine whether the complaint
fits within the category of a serious complaint affecting the health and safety
of clients or other persons;
(2)
ensure that complaints are not dismissed without appropriate
consideration;
(3)
ensure that a person who files a complaint has an opportunity
to explain the allegations made in the complaint; and
(4)
resolve the issues of the complaint which arise under the
Act or this chapter.
(e)
Prior to or during an investigation, the executive director
or his or her designee shall request a response from the licensee or person
against whom an alleged violation has been filed to gather information required
by the complaints committee of the board. The licensee or person against whom
an alleged violation has been filed must respond within 15 working days of
the executive director's request.
(f)
If it is determined that the matters alleged in the complaint
are non-jurisdictional, or if the matters alleged in the complaint would not
constitute a violation of the Act or this chapter, the Executive Director
may dismiss the complaint and give written notice of dismissal to the licensee
or person against whom the complaint has been filed, the complainant, and
the complaints committee.
(g)
If it is determined that there are sufficient grounds to
support the complaint, the matters in question shall be investigated. The
executive director or the committee may initiate the investigation.
(h)
If the committee determines that there are insufficient
grounds to support the complaint, the committee shall dismiss the complaint
and give written notice of the dismissal to the licensee or person against
whom the complaint has been filed and the complainant.
(i)
The board shall use a private investigator only if the
department's investigators available to the board have a conflict of interest.
(j)
If a written complaint is filed with the board that the
board has the authority to resolve, the board, at least quarterly and until
final disposition of the complaint, shall notify the parties to the complaint
of the status of the complaint unless the notice would jeopardize an undercover
investigation.
(k)
If after due investigation a complaint or allegation is
not resolved by the committee of the board, the committee may recommend that
the license be revoked, suspended, or denied or that other appropriate actions
as authorized by law be taken.
§681.162.Disciplinary Action; Notices.
(a)
The board may deny, revoke, temporarily suspend, or suspend
a license, or may probate disciplinary action, or may issue a reprimand to
a person who:
(1)
violates a provision of the Act;
(2)
violates a rule adopted by the board;
(3)
is legally committed to an institution because of mental
incompetence from any cause;
(4)
offers to pay or agrees to accept any remuneration, directly
or indirectly, to or from any person or entity for securing or soliciting
a client or patronage; or
(5)
is issued a public letter of reprimand, is assessed a civil
penalty by a court, or has an administrative penalty imposed by the attorney
general's office under the Code of Criminal Procedure, Chapter 56.
(b)
Prior to institution of formal proceedings to discipline
a licensee, the board shall give written notice to the licensee by certified
mail, return receipt requested, of the facts or conduct alleged to warrant
the disciplinary action. The notice shall inform the licensee or applicant
of the opportunity to retain legal representation. The licensee or applicant
shall be given the opportunity, as described in the notice, to show compliance
with all requirements of the Act and this chapter.
(c)
If denial, revocation, or suspension of a license is proposed,
the board shall give written notice by certified mail, return receipt requested;
or regular mail of the basis for the proposal and that the licensee or applicant
must request, in writing, a formal hearing within 15 working days of receipt
of the notice, or the right to a hearing shall be waived and the license shall
be denied, revoked, or suspended.
(d)
Receipt of a notice under subsection (b) or (c) of this
section is presumed to occur on the tenth working day after the notice is
mailed to the last address known to the board unless another date is reflected
on a United States Postal Service return receipt.
(e)
If a hearing is requested, service of the notice of hearing
may be sent by certified or registered mail, return receipt requested, to
the licensee's last known address as shown by the board' s records. This notice
will include disclosure of the fact that upon failure of the licensee to appear
at the hearing, the factual allegations in the notice will be deemed admitted
as true, and the relief sought in the notice of the hearing may be granted
by default.
(f)
No prior notice or hearing is required to temporarily suspend
a license; however, appropriate notice shall be given prior to the hearing
held after temporary suspension of the license in accordance with the Act, §503.403.
§681.163.Power to Sue.
The board may institute a suit in its own name and avail itself of
any other action, proceeding, or remedy authorized by law to enjoin a violation
of the Act or this chapter. The suit is in addition to any other action, proceeding,
or remedy authorized by law.
§681.164.Licensing of Persons with Criminal Backgrounds.
(a)
This section establishes guidelines and criteria for the
eligibility of persons with criminal backgrounds to obtain and retain licenses
as professional counselors.
(b)
The board shall consider the felony conviction of a licensee
or applicant as possible grounds for disciplinary action or application denial
and shall review the conviction.
(c)
The board may suspend or revoke an existing license, disqualify
a person from receiving a license, or deny to a person the opportunity to
be examined for a license because of a person's conviction of a felony or
misdemeanor if the crime directly relates to the duties and responsibilities
of a licensee. In considering whether a criminal conviction directly relates
to the profession of counseling, the board shall consider:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes for requiring
a license to practice counseling;
(3)
the extent to which a license might offer an opportunity
to engage in further criminal activity of the same type as that in which the
person previously had been involved; and
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of a counselor. In making this determination, the board will apply the criteria
outlined in Texas Occupations Code, §53.023 (relating to Additional Factors.)
(d)
The following felonies and misdemeanors directly relate
to the duties and responsibilities of a licensee:
(1)
the misdemeanor of knowingly or intentionally practicing
counseling without a license;
(2)
an offense involving moral turpitude;
(3)
the misdemeanor of failing to report child abuse or neglect;
(4)
a misdemeanor involving deceptive business practices;
(5)
the offense of assault or sexual assault;
(6)
the felony offense of insurance claim fraud;
(7)
a misdemeanor and/or a felony offense under various titles
of the Texas Penal Code:
(A)
concerning Title 5 offenses against the person;
(B)
concerning Title 7 offenses against property;
(C)
concerning Title 8 offenses against public administration;
(D)
concerning Title 9 offenses against public order and decency;
(E)
concerning Title 10 offenses against public health, safety,
and morals; and
(F)
concerning Title 4 offenses of attempting or conspiring
to commit any of the offenses in subparagraphs (A)-(E) of this paragraph;
or
(8)
any other misdemeanor or felony directly relating directly
relating to the duties and responsibilities of a licensee.
(e)
Procedures for disciplinary action or application denial
against persons with criminal backgrounds.
(1)
The board's executive director will give written notice
to the person that the board intends to take disciplinary action or deny the
application after a hearing in accordance with the provisions of the Administrative
Procedure Act, and the board's hearing procedures in Subchapter L of this
chapter (relating to Formal Hearings).
(2)
If the board takes disciplinary action or denies an application
under these sections, the executive director will give the person written
notice:
(A)
of the reasons for the decision;
(B)
that the person, after exhausting administrative appeals,
may file an action in a district court of Travis County, for review of the
evidence presented to the board and its decision; and
(C)
that the person must begin the judicial review by filing
a petition with the court within 30 days after the board's action is final
and appealable.
§681.165.Suspension, Temporary Suspension, Revocation, or Denial.
(a)
If the board suspends a license, the suspension shall remain
in effect for the period of time stated in the order or until the board determines
that the reason for the suspension no longer exists.
(b)
If a suspension overlaps a license renewal date, the person
suspended shall comply with the renewal procedures in this chapter; however,
the suspension shall remain in effect pursuant to subsection (a) of this section.
(c)
Upon the revocation, suspension or non-renewal of a license,
a licensee shall return his or her license certificate and all existing renewal
cards to the Executive Director.
(d)
The board or the complaints committee of the board may
temporarily suspend a license.
(1)
The license may be suspended without prior notice to the
licensee and without a prior hearing.
(2)
In order to temporarily suspend a license, the board or
complaints committee must determine whether continued practice by a license
holder would constitute a continuing and imminent threat to the public welfare.
(3)
This determination shall be made from the evidence or information
presented to the board or complaints committee.
(4)
The board or complaints committee shall issue an order
temporarily suspending the license. The order shall be effective upon delivery
to the licensee or at a later date specified in the order.
(5)
Proceedings for a formal hearing under Subchapter L of
this chapter must be initiated prior to, or simultaneously on, the effective
date of the temporary suspension.
(A)
The Administrative Procedure Act, Government Code, Chapter
2001, shall apply to a hearing under this subsection.
(B)
If there is a conflict between the requirement of the Administrative
Procedure Act and the requirements of the Act, §503.403, the Act shall
govern.
(6)
A preliminary hearing shall be held not later than the
14th day after the effective date of the temporary suspension to determine
if probable cause exists to find that a continuing and imminent threat to
the public welfare still exists. The State Office of Administrative Hearings
is hereby authorized to determine if probable cause exists.
(7)
A final hearing shall be held not later than the 61st day
after the effective date of the temporary suspension.
(A)
The purpose of the hearing shall be to determine whether
continued practice of the licensee would constitute a continuing and imminent
threat to the public welfare.
(B)
In determining whether there is a continuing and imminent
threat to the public welfare, the board shall consider whether a violation
of state law or this chapter exists.
(C)
If such a threat exists, the board shall enter an order
suspending the license of the licensee.
(D)
A suspension shall remain in effect in accordance with
subsection (a) of this section.
(8)
The time periods for holding a preliminary hearing or a
final hearing shall be tolled during the period of time in which the licensee
makes discovery requests. The time periods may also be waived by mutual agreement
of the licensee and the authorized representative of the board. If a preliminary
hearing or final hearing is not held in accordance with the time periods stated
in this subsection (unless tolled or waived), the temporary suspension shall
become null and void upon the date on which the hearing was required to be
held under the Act, §503.403.
§681.166.Informal Disposition.
(a)
Informal disposition of any complaint or contested case
involving a licensee or an applicant for licensure may be made through an
informal conference held to determine whether the matters in controversy can
be resolved without further proceedings.
(b)
The decision to hold a conference shall be within the discretion
of the executive director or a member of the complaints committee.
(c)
An informal conference shall be voluntary and shall not
be a prerequisite to a formal hearing.
(d)
The executive director shall establish the time, date and
place of the informal conference, and provide written notice to the licensee
or applicant. Notice shall be provided no less than 10 working days prior
to the date of the informal conference by certified mail, return receipt requested
to the last known address of the licensee or applicant. The licensee or applicant
may waive the 10-day notice requirement.
(e)
The notice shall inform the licensee or applicant of the
nature of the alleged violation or the reason for application denial; that
the licensee may be represented by legal counsel; that the licensee or applicant
may offer the testimony of witnesses and present other evidence as may be
appropriate; that a complaints committee member shall be present; that the
board's legal counsel shall be present; that the licensee's or applicant's
attendance and participation is voluntary; that the complainant and any client
involved in the alleged violations may be present; and that the informal conference
shall be canceled if the licensee or applicant notifies the executive director
that he or she or his or her legal counsel will not attend. A copy of the
board's rules concerning informal disposition shall be enclosed with the notice
of the informal conference.
(f)
The complainant may be informed that he or she may appear
and testify or may submit a written statement for consideration at the informal
conference.
(g)
A member of the complaints committee shall be present at
an informal conference.
(h)
The conference shall be informal and shall not follow the
procedures established in this chapter for contested cases and formal hearings.
(i)
The licensee, the licensee's attorney, the board's attorney,
the executive director and the complaints committee member may question witnesses,
make relevant statements, present statements of persons not in attendance,
and present such other evidence as may be appropriate.
(j)
The board's legal counsel shall attend each informal conference.
The complaints committee member or executive director may call upon the attorney
at any time for assistance in the informal conference.
(k)
The licensee shall be afforded the opportunity to make
statements that are material and relevant.
(l)
Access to the board's investigative file may be prohibited
or limited in accordance with the Public Information Act, Texas Government
Code, Chapter 552 and the Administrative Procedure Act, Texas Government Code,
Chapter 2001.
(m)
At the discretion of the executive director or the complaints
committee member, a tape recording may be made of none or all of the informal
conference.
(n)
The complaints committee member or the executive director
shall exclude from the informal conference all persons except witnesses during
their testimony, the licensee, the licensee's attorney, and board staff.
(o)
The complainant shall not be considered a party in the
informal conference but shall be given the opportunity to be heard if the
complainant attends. Any written statement submitted by the complainant shall
be reviewed at the conference.
(p)
At the conclusion of the informal conference, the complaints
committee member or the executive director may make recommendations for informal
disposition of the complaint or contested case. The recommendations may include
any disciplinary action authorized by the Act or this chapter. The complaints
committee member may also conclude that the board lacks jurisdiction; conclude
that a violation of the Act or this chapter has not been established; order
that the investigation be closed; or refer the matter for further investigation.
(q)
The licensee or applicant may either accept or reject the
recommendations at the informal conference. If the recommendations are accepted,
an agreed order shall be prepared by the board office or the board's legal
counsel and forwarded to the licensee or applicant. The order may contain
agreed findings of fact and conclusions of law. The licensee or applicant
shall execute the order and return the signed order to the board office within
10 working days of his or her receipt of the order. If the licensee or applicant
fails to return the signed order within the stated time period, the inaction
shall constitute rejection of the recommendations.
(r)
If the licensee or applicant rejects the proposed recommendations,
the matter shall be referred to the executive director for appropriate action.
(s)
If the licensee or applicant signs and accepts the proposed
recommendations, the agreed order shall be submitted to the complaints committee
and the board for approval. Placement of the agreed order on the committee
and board agendas shall constitute only a recommendation for approval by the
board.
(t)
The identity of the licensee or applicant shall not be
made available to the board until after the board has reviewed and accepted
the agreed order unless the licensee or applicant chooses to attend the board
meeting. The licensee or applicant shall be notified of the date, time, and
place of the board meeting at which the proposed agreed order will be considered.
Attendance by the licensee or applicant is voluntary.
(u)
Upon an affirmative majority vote, the board shall enter
an agreed order approving the accepted recommendations. The board may not
change the terms of a proposed order but may only approve or disapprove an
agreed order unless the licensee or applicant is present at the board meeting
and agrees to other terms proposed by the board.
(v)
If the board does not approve a proposed agreed order,
the licensee or applicant shall be so informed. The matter shall be referred
to the executive director for other appropriate action.
(w)
A proposed agreed order is not effective until the board
has approved the agreed order and the order is signed by the board chair.
(x)
A licensee's opportunity for an informal conference under
this section shall satisfy the requirement of the Administrative Procedure
Act, Texas Government Code, §2001.054(c).
(y)
If a licensee who has requested an informal conference
fails to appear at the conference and fails to provide notice of the licensee's
inability to attend the conference at least 24 hours in advance of the time
the conference is scheduled, such action may constitute a withdrawal of the
request for an informal conference.
§681.167.Default Orders.
(a)
If a right to a hearing is waived under §681.162(c)
of this title (relating to Disciplinary Action; Notices) or §681.184(b)
of this title (relating to Action After the Hearing), the board may enter
an order taking disciplinary action or an order of application denial as described
in the written notice to the licensee or applicant.
(b)
The licensee or applicant and the complainant shall be
notified of the date, time, and place of the board meeting at which the default
order will be considered. Attendance is voluntary.
(c)
Upon an affirmative majority vote, the board shall enter
an order imposing appropriate disciplinary action or an order of application
denial.
§681.168.Surrender of License when Complaint is Pending.
(a)
When a licensee has offered the surrender of his or her
license after a complaint has been filed, the board shall consider whether
to accept the surrender of the license.
(b)
Surrender of a license without acceptance thereof by the
board or a licensee's failure to renew the license shall not deprive the board
of jurisdiction against the licensee under the Act, this chapter, or other
applicable statute.
(c)
When the board has accepted a license surrender after a
complaint has been filed, the license surrender is deemed to be the result
of a formal disciplinary action and a board order shall be prepared accepting
the license surrender.
§681.169.Suspension of License Relating to Child Support and Child Custody.
(a)
On receipt of a final court or attorney general's order
suspending a license due to failure to pay child support or for failure to
comply with the terms of a court order providing for the possession of or
access to a child, the executive director shall immediately determine if the
board has issued a license to the obligator named in the order, and, if a
license has been issued:
(1)
record the suspension of the license in the board's records;
(2)
report the suspension as appropriate; and
(3)
demand surrender of the suspended license.
(b)
The board shall implement the terms of a final court or
attorney general's order suspending a license without additional review or
hearing. The board will provide notice as appropriate to the licensee or to
others concerned with the license.
(c)
The board may not modify, remand, reverse, vacate, or stay
a court or attorney general's order suspending a license issued under the
Family Code, Chapter 232, and may not review, vacate, or reconsider the terms
of an order.
(d)
A licensee who is the subject of a final court or attorney
general's order suspending his or her license is not entitled to a refund
for any fee paid to the board.
(e)
If a suspension overlaps a license renewal period, an individual
with a license suspended under this section shall comply with the normal renewal
procedures in the Act and this chapter; however, the license will not be renewed
until subsections (g) and (h) of this section are met.
(f)
An individual who continues to engage in the practice of
counseling or continues to use the titles "Licensed Professional Counselor,"
"Licensed Counselor," "Licensed Professional Counselor - Art Therapist," "Art
Therapist" or the initials "L.P.C.," "L.P.C.-A.T.," or "A.T." after the issuance
of a court or attorney general's order suspending the license is liable for
the same civil and criminal penalties provided for engaging in the prohibited
activity without a license or while a license is suspended as any other license
holder of the board.
(g)
On receipt of a court or attorney general's order vacating
or staying an order suspending a license, the executive director shall promptly
issue the suspended license to the individual if the individual is otherwise
qualified for the license.
(h)
The individual shall pay a reinstatement fee in an amount
equal to the annual renewal fee set out in §681.14 of this title (relating
to Licensing Fees) prior to issuance of the license under subsection (g) of
this section.
§681.170.Monitoring of Licensees.
(a)
The executive director shall maintain a complaint tracking
system.
(b)
Each licensee that has had disciplinary action taken against
his or her license shall be required to submit regularly scheduled reports
to the executive director. The reports shall be scheduled at intervals appropriate
to each individual situation.
(c)
The executive director shall review the reports and shall
provide the reports to the complaints committee.
(d)
The complaints committee may consider more severe disciplinary
proceedings if the licensee fails to comply with the provisions of a disciplinary
order.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300752
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.171 - 681.179
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.171.Purpose.
§681.172.Deadlines.
§681.173.Hour Requirements for Continuing Education.
§681.174.Types of Acceptable Continuing Education.
§681.175.Procedures for Approval of Programs.
§681.176.Pre-approved Providers.
§681.177.Determination of Clock-hour Credits.
§681.178.Reporting of Continuing Education.
§681.179.Activities Unacceptable as Continuing Education.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300753
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.181 - 681.184
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.181.Purpose.
This subchapter covers the formal hearing procedures and practices
that will be used by the board in handling denials, suspensions, temporary
suspensions, probations, and revocations of a license and implements the contested
case provisions of the Administrative Procedure Act.
§681.182.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Administrative Law Judge - A person within the State Office
of Administrative Hearings who conducts hearings under this subchapter.
(2)
Contested case - A proceeding in accordance with the Administrative
Procedure Act and this chapter, including but not restricted to, rule enforcement
and licensing, in which the legal rights, duties, or privileges of a party
are to be determined by the board after an opportunity for an adjudicative
hearing.
(3)
Formal hearing - A hearing or proceeding in accordance
with this subchapter and includes a contested case as defined in this section
to address the issues of a contested case.
(4)
Licensee - A person licensed by the board.
§681.183.General.
(a)
The board or complaints committee on its own motion or
on request from a licensee or applicant may initiate a formal hearing. A formal
hearing and all related proceedings shall be conducted in accordance with
the provisions of the Administrative Procedure Act, Texas Government Code,
Chapter 2001, applicable state and federal statutes, and this chapter.
(b)
A formal hearing shall be held in Travis County, Texas,
unless otherwise determined by the ALJ or upon agreement of the parties.
§681.184.Action After the Hearing.
(a)
Reopening of hearing for new evidence.
(1)
The board may reopen a hearing where new evidence is offered
which was unobtainable or unavailable at the time of the hearing.
(2)
The board will reopen a hearing to include such new evidence
as part of the record if the board deems such evidence necessary for a proper
and fair determination of the case. The reopened hearing will be limited to
only such new evidence.
(3)
Notice and procedural requirements will be the same as
for the original hearing.
(b)
Proposal for decision.
(1)
The ALJ shall prepare the proposal and provide copies of
the same to all parties.
(2)
Each party having the right and desire to file exceptions
and briefs shall file them with the ALJ within the time designated by the
ALJ.
(3)
Parties desiring to do so shall file written replies to
these exceptions and briefs as soon as possible after receiving same and within
the time designated by the ALJ.
(4)
All exceptions and replies to them shall be succinctly
stated.
(c)
Final orders or decisions.
(1)
The final order or decision will be rendered by the board.
The board may deny, suspend, probate, or revoke a license as it deems appropriate
and lawful. A decision of the board may include any requirement to be imposed
upon the licensee or applicant which is related to the individual's practice
as a licensee and is deemed by the board to be appropriate and lawful.
(2)
To protect the public interest and to ensure that appropriate
principles govern the decisions of the board, it is the policy of the board
to change a finding of fact or conclusion of law or to modify the proposed
order of an ALJ when the board determines that the proposed order is:
(A)
against the weight of the evidence;
(B)
based on misapplication or misinterpretation of laws, rules,
or policies;
(C)
based on insufficient review of the evidence;
(D)
not sufficient to protect the public interest with respect
to the recommended disciplinary action; or
(E)
not appropriate recognition of whether or not rehabilitation
of the licensee or applicant has occurred with respect to the recommended
disciplinary action.
(3)
All final orders or decisions shall be in writing and shall
set forth the findings of fact and conclusions required by law.
(4)
All final orders shall be signed by the chairperson of
the board; however, interim orders may be issued by the ALJ.
(5)
A copy of all final orders and decisions shall be timely
provided to all parties as required by law.
(d)
Motion for rehearing. A motion for rehearing shall be governed
by the Administrative Procedure Act or other applicable statute and shall
be addressed to the board and filed with the executive director.
(e)
Appeals. All appeals from final board orders or decisions
shall be governed by the Administrative Procedure Act, Texas Government Code,
Chapter 2001, or other applicable statute and communications regarding any
appeal shall be to the executive director of the board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300754
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.191 - 681.200
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Professional Counselors or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeals are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The repeals affect Texas Occupations Code, Chapter 503.
§681.191.Purpose.
§681.192.Disciplinary Action; Notices.
§681.193.Violations by Non-licensed Persons.
§681.194.Power to Sue.
§681.195.Complaint Procedures.
§681.196.Licensing of Persons with Criminal Backgrounds.
§681.197.Suspension, Temporary Suspension, Revocation, or Denial.
§681.198.Informal Disposition.
§681.199.Default Orders.
§681.200.Monitoring of Licensees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300755
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
22 TAC §§681.201 - 681.204
The new sections are proposed under Texas Occupations Code, §503.203
which provides the board with the authority to adopt rules necessary to administer
the Licensed Professional Counselor Act and under Texas Occupations Code §503.202
which provides the board with the authority to establish fees for the board's
services in amounts reasonable and necessary to cover the costs of administering
the Licensed Professional Counselor Act.
The new sections affect Texas Occupations Code, Chapter 503.
§681.201.General.
This schedule of sanctions is adopted as required by the Act, §503.402.
The schedule is intended to be utilized by the complaints committee as a guide
in assessing sanctions for violations of the Act or this chapter. The schedule
is also intended to serve as a guide to administrative law judges, and as
a written statement of applicable rules or policies of the board pursuant
to the Texas Government Code, §2001.058(c). The failure of an administrative
law judge to follow the schedule may serve as a basis to vacate or modify
an order pursuant to the Texas Government Code, §2001.058(e). This schedule
is not intended as a substitute for thoughtful consideration of each individual
disciplinary matter. Instead, it should be used as a tool in that effort.
§681.202.Relevant Factors.
When a licensee has violated the Act or this chapter, three general
factors combine to determine the appropriate sanction which include: the culpability
of the licensee; the harm caused or posed; and the requisite deterrence. It
is the responsibility of the licensee to bring exonerating factors to the
attention of the complaints committee or the administrative law judge. Specific
factors are to be considered as set forth as follows.
(1)
Seriousness of Violation. The following factors are identified:
(A)
the nature of the harm caused, or the risk posed, to the
health, safety and welfare of the public, such as emotional, physical, or
financial;
(B)
the extent of the harm caused, or the risk posed, to the
health, safety and welfare of the public, such as whether the harm is low,
moderate or severe, and the number of persons harmed or exposed to risk; and
(C)
the frequency and time-periods covered by the violations,
such as whether there were multiple violations, or a single violation, and
the period of time over which the violations occurred.
(2)
Nature of the violation. The following factors are identified:
(A)
the relationship between the licensee and the person harmed,
or exposed to harm, such as a dependent relationship of a client-counselor,
or stranger to the licensee;
(B)
the vulnerability of the person harmed, or exposed to harm;
(C)
the moral culpability of the licensee, such as whether
the violation was:
(i)
intentional or premeditated;
(ii)
due to blatant disregard or gross neglect; or
(iii)
resulted from simple error or inadvertence; and
(D)
the extent to which the violation evidences lack of character,
such as lack integrity, trustworthiness, or honesty.
(3)
Personal Accountability. The following factors are identified:
(A)
admission or wrong or error, and acceptance of responsibility;
(B)
appropriate degree of remorse or concern;
(C)
efforts to ameliorate the harm or make restitution;
(D)
efforts to ensure future violations do not occur; and
(E)
cooperation with any investigation or request for information.
(4)
Deterrence. The following factors are identified:
(A)
the sanction required to deter future similar violations
by the licensee;
(B)
sanctions necessary to ensure compliance by the licensee
of other provisions of the Act or this chapter; and
(C)
sanctions necessary to deter other licensees from such
violations.
(5)
Miscellaneous Factors. The following factors are identified:
(A)
age and experience at time of violation;
(B)
presence or absence of prior or subsequent violations;
(C)
conduct and work activity prior to and following the violation;
(D)
character references; and
(E)
any other factors justice may require.
§681.203.Severity Level and Sanction Guide.
The following severity levels and sanction guides are based on the
relevant factors in §681.202 of this title (relating to Relevant Factors).
(1)
Level One - revocation of license. These violations evidence
intentional or gross misconduct on the part of the licensee and/or cause or
pose a high degree of harm to the public and/or require severe punishment
as a deterrent to the licensee, or other licensees. The fact that a license
is ordered revoked does not necessarily mean the licensee can never regain
licensure.
(2)
Level Two - extended suspension of license. These violations
involve less misconduct, harm, or need for deterrence than Level One violations,
but require termination of licensure for a period of not less than one year.
(3)
Level Three - moderate suspension of license. These violations
are less serious than Level Two violations, but require termination of licensure
for a period of time less than a year.
(4)
Level Four - probated suspension of license. These violations
do not involve enough harm, misconduct, or need for deterrence to warrant
termination of licensure, yet are severe enough to warrant monitoring of the
licensee to ensure future compliance. Probationary terms may be ordered as
appropriate.
(5)
Level Five - reprimand. These violations involve inadvertent
or relatively minor misconduct and/or rule violations.
§681.204.Other Actions.
The complaints committee or executive director, as appropriate, may
also resolve pending complaints by issuance of formal advisory letters informing
licensees of their duties under the Act or this chapter, and whether the conduct
or omission complained of appears to violate such duties. Such advisory letters
may be introduced as evidence in any subsequent disciplinary action involving
acts or omissions after receipt of the advisory letters. The complaints committee
or executive director, as appropriate, may also issue informal reminders to
licensees regarding compliance with minor licensing matters. The licensee
is not entitled to a hearing on the matters set forth in formal advisory letters
or informal reminders, but may submit a written response to be included with
such letters in their licensing records.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 30, 2003.
TRD-200300756
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 458-7236
shall
] affiliate with the National
Council of Examiners for Engineering and Surveying. Each board member
may
[
shall
] become a member of the council and the executive
director and other staff members designated by the board
may
[
shall
] be associate members of the council.
Subchapter F. EXAMINATIONS
and the Texas Engineering Professional Conduct and Ethics examination, furnished
and graded by the board,
] or request a waiver of such examinations pursuant
to §131.105 (relating to Waiver of Examinations)
, and the Texas
Engineering Professional Conduct and Ethics examination, furnished and graded
by the board.
shall
] be an eight-hour Fundamentals of Engineering examination and
an eight-hour Principles and Practice of Engineering examination prepared
by the National Council of Examiners for Engineering and Surveying (NCEES)
or equivalent as determined by the board.
at least one of
]
the eight-hour
examination(s)
[
examinations
] in that
state shall not be required to take
the examination(s)
[
that
examination
] again.
make
] a timely request seven weeks prior to the examination and if approved
by the executive director.
Fundamentals of Engineering Examination ].
Fundamentals of Engineering
] examination
on
the fundamentals of engineering
at the student's school provided the
school administers the examination as prescribed by the board.
Fundamentals of Engineering
] examination
on the fundamentals of engineering
at the student's
school provided that the school administers the examination as prescribed
by the board and the student is enrolled in an EAC/ABET-accredited graduate
degree program or in a graduate program at an institution which has an EAC/ABET-accredited
undergraduate degree program in that discipline, and the student has:
Fundamentals
of Engineering
] examination
on the fundamentals of engineering
at their participating school through the engineering dean, department
head, or other program administrator.
Fundamentals
of Engineering
] examination
on the fundamentals of engineering
while in college may apply to the board to take the examination in
accordance with the applicable examination schedule adopted by the board.
Fundamentals of Engineering
] examination
on the fundamentals of engineering
to fulfill
the graduation requirements of a degree program that would meet the educational
requirements for a license, may apply to the board to take the examinations
in accordance with the applicable examination schedule adopted by the board.
Principles and Practice of Engineering Examination ].
Principles and Practice of Engineering
]
examination
on the principles and practice of engineering
is open
only to licensed engineers who wish to take the examination for record purposes
and to applicants who have received board approval to take it.
Principles and Practice
of Engineering
] examination
on the principles and practice of engineering
shall:
Principles and Practice of Engineering examinations
]
examination on the principles and practice of engineering
shall
be offered according to the schedule determined by the National Council of
Examiners for Engineering and Surveying
or by the board
.
Fundamentals
of Engineering
]
examination on the fundamentals of engineering
or [
Principles and Practice of Engineering examinations
]
examination on the principles and practice of engineering
for applicants
who:
Fundamentals of
Engineering
] examination
on the fundamentals of engineering
;
or
Fundamentals
of Engineering
]
examination on the fundamentals of engineering
and the [
Principles and Practice of Engineering examinations
]
examination on the principles and practice of engineering
;
Fundamentals of
Engineering
]
examination on the fundamentals of engineering
and
/or
the [
Principles and Practice of Engineering examinations
]
examination on the principles and practice of engineering
.
Principles and Practice of Engineering
] examination
on the
principles and practice of engineering
if the applicant has taken and
failed any [
Principles and Practice of Engineering
] examination
on the principles and practice of engineering
within the previous four
years.
sections
] §131.71
of this title (relating to References), and §131.72 of this title (relating
to Reference Statements). The board shall review all elements of the application
to evaluate waiver request(s) and may grant a waiver(s) to qualified applicants.
Principles and Practice of Engineering
] examination
on the
principles and practice of engineering
if the applicant is licensed
in Texas as a professional engineer or has been given permission by the board
to do so.
Part 30.
TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
Subchapter B. AUTHORIZED COUNSELING METHODS AND PRACTICES
Subchapter C. CODE OF ETHICS
Subchapter D. APPLICATION PROCEDURES
Subchapter E. ACADEMIC REQUIREMENTS FOR EXAMINATION AND LICENSURE
Subchapter F. EXPERIENCE REQUIREMENTS FOR EXAMINATION AND LICENSURE
Subchapter G. LICENSURE EXAMINATIONS
Subchapter H. LICENSING
Subchapter I. REGULAR LICENSE RENEWAL AND INACTIVE AND RETIREMENT STATUS
Subchapter I. REGULAR LICENSE RENEWAL; INACTIVE AND RETIREMENT STATUS
Subchapter J. CONTINUING EDUCATION REQUIREMENTS
Subchapter J. CRITERIA FOR DETERMINING FITNESS OF APPLICANTS FOR EXAMINATION AND LICENSURE
Subchapter K. COMPLAINTS AND VIOLATIONS
Subchapter K. CONTINUING EDUCATION REQUIREMENTS
Subchapter L. FORMAL HEARINGS
Subchapter L. COMPLAINTS AND VIOLATIONS
Subchapter M. SCHEDULE OF SANCTIONS
Subchapter M. FORMAL HEARINGS